Who may claim compensation as a family victim?
All members of the immediate family of a homicide victim who dies as a direct result of an act of violence in NSW may apply for compensation.
A member of the immediate family is:

• the victim's spouse; or
• the victim's de facto spouse, or partner of the same sex, who has cohabited with the victim for at least two years; or
• a parent, guardian or step-parent of the victim; or
• a child or step-child of the victim or other child of whom the victim was the guardian; or
• a brother, sister, step-brother or step-sister, half-brother or half-sister of the victim.

How do I make a claim?
Application forms are available in Forms and Publication section in PDF or you may contact Victims Services if you would like copies of forms posted to you.

How much compenation is available for a family member and how is it distrubuted?
A total amount of $50,000 is available for distribution to all immediate family members. If there are two or more family members, the $50,000 will be divided evenly between them. However, if there are dependent family members the $50,000 will be awarded to these applicants.

It would assist if all details of eligble family members are provided when you complete your application for compensation as the Act provides that all eligible family victims may receive an award.

Note: If a child of the deceased victim was born after the death of the homicide victim and if the child would have been a dependent family member if the child had been born during the homicide victim's lifetime, then that child is regarded as a dependent family member for the purposes of receiving compensation.

How do I prove I was dependent on the deceased victim?
If you are claiming that you were dependent on the deceased victim you will need to provide documents that substantiate your claim. These may be provided at a later date, after you lodge your claim. Documents that may assist in establishing your dependency include:

• Formal documentation - birth cerificates, marriage certificates, family court orders regarding divorce, parenting arrangements, child support.
• Statutory declarations from family, friends, health and welfare professionals etc, setting out the nature of the applicant's relationship with the deceased.
• Records from other government departments as to the nature and extent of the relationship of the applicant to the deceased - DOCs records, police records, Centrelink records, etc.
• Financial records - bank accounts, insurance documents, taxation returns, certificates of title, consumer contracts, superannuation documents, and insurance policies.

Is the behaviour of the homicide victim at the time of the incident relevant?
Yes. An award may be reduced or dismissed if the Assessor considers the deceased primary victim's behaviour contributed to his/her death.

When should I make a claim for compensation?
You must make a claim within two years of the date of the homicide. If your claim is late you need to seek leave to lodge a late application. The legislation provides that is a presumption against the giving of leave to late family victim applications.

Can I have a representative?
You may nominate a representative e.g. relative, victims support group, to assist you with enquiries about your application.

Do I have to attend a hearing?
Applications are determined by an Assessor in an office without the need for you to attend. Only in special circumstances will you be required to attend a hearing.

Are funeral expenses paid?
Funeral expenses can be paid in the following ways:

Funeral expenses as an interim award (s33)
Payment for reasonable funeral expenses may be made to the family member of a homicide victim as an interim award of compensation. The family member can ask that payment be made directly to the funeral director or service provider.

The interim award will be deducted from the final award of compensation made to the eligible family members. That is, the award for funeral expenses will be deducted from the total $50,000 available to family members of a homicide victim.

Reimbursement of persons who incur funeral expenses (s33A)
Reimbursement of reasonable funeral expenses relating to the funeral of a homicide victim may be made to a person who is not eligible for statutory compensation as a family member.

This payment will be made to the person who incurred the expense and the amount will be deducted from the total $50,000 available to family members of a homicide victim.

Payment for reasonable funeral expenses can be made, even if there are no eligible family members of the homicide victim.