You are eligible to claim compensation if:

• you are the victim of an act of violence and are injured as a result (a 'primary victim')
• you are the member of the immediate family of a homicide victim (a 'family victim')
• you are injured as a result of witnessing an act of violence (a 'secondary victim')
• you are the parent or guardian of a primary victim of an act of violence who was under the age of 18 years at the time of the act and you are injured as a result of learning of the act of violence (a 'secondary victim')
• you are injured while trying to:
  • prevent someone from committing an act of violence
  • arrest someone who is committing an act of violence
  • help or rescue someone against whom an act of violence is being committed (a 'primary victim').

Types of claims which are not covered

You are not eligible for compensation where:

• the act of violence did not occur in NSW
• it cannot be proved that an act of violence occurred
• you are not injured or your injury does not neet the $7,500 threshold. For your 'compensable injuries' see the Schedule of Injuries
• the claim arises from injuries caused by a crime against property
• the claim arises from injuries caused by a motor vehicle (for more information on other rights available refer to the Victims of Crime website).

An application for compensation must be lodged within 2 years of the date of the act of violence. If the application is lodged more than 2 years after the act of violence, you must provide reasons for the delay in the application form. These reasons will be considered by the Director, who may accept or refuse the late application.

If the late application is accepted, you will be informed in writing that 'leave' has been granted i.e. that the Director has accepted the claim being lodged out of time.

If the late application is refused, you will be provided with reasons for this decision in writing. If you want to appeal against this decision, you may appeal to the Tribunal.

Relevant legislation and further reading

Victims Support and Rehabilitation Act 1996 :Time for lodging applications - s.26; Appeals to the Tribunal - s.36
Appeals to the Victims Compensation Tribunal
Guide 6 - Chairperson's Guide - Time for lodging Applications for Statutory Compensation (Section 26)

Workers compensation

Did the act of violence happen in the workplace, or on your way to or from work? If so, your claim cannot be processed until you have pursued all workers compensation entitlements. However, you must still lodge your claim within 2 years of the act of violence. Once received, a compensation assessor may adjourn the matter until the workers compensation entitlements have been finalised.

To assist in the processing of your claim if you should provide the Tribunal with a copy of your workers compensation claim and the 'Terms of Settlement'.

Relevant legislation and further reading