Victim services: Approved Counselling scheme and victim compensation
Victims Services | Victim Support Line
Eligibility for Approved Counselling and/or victim compensation
How to apply for Approved Counselling | How Approved Counselling works
How to apply for victim compensation | Calculating compensation
Further information on Approved Counselling or victim compensation
Chart 14 - Victim services: Approved Counselling and victim compensation
Victims Services
Victims Services is part of the NSW Attorney General's Department and consists of
The three sections work together to help victims of crime in New South Wales access services and entitlements to assist in their recovery.
Victims Compensation Tribunal
Services provided by Tribunal staff include:
- Registering applications for compensation from victims of crime under the Victims Support and Rehabilitation Act 1996 and compiling supporting material (police and medical reports and submissions) to assist the processing of claims
- Registering and processing applications for counselling under the Victims Support and Rehabilitation Act 1996
- Assessing claims - making determinations and awards under the Victims Support and Rehabilitation Act 1996 having regard to the appropriate levels of compensation for the injuries suffered
- Restitution - recovering from defendants monies paid in compensation
- Legal advocacy in hearings before Magistrates to settle restitution matters and to secure orders to recover money from convicted offenders.
| Victims of Crime Bureau
The Victims of Crime Bureau is a government initiative established under the Victims Rights Act 1996 to provide a critical link between victims of crime and service providers throughout NSW.
The Bureau's primary objectives are to:
- Provide support and referral services to victims of crime
- Coordinate the delivery of victims support and counselling services by government and community agencies
- Oversee the implementation of and report on the statutory Charter of Victims Rights
- Co-ordinate support services to the families and friends of missing persons.
Victims Advisory Board
The Victims Advisory Board was established under the Victims Rights Act 1996 to advise the Minister (the Attorney General) on policies, practices and reforms relating to victims compensation and support services; and to consult victims of crime and community and government support agencies on issues and policies concerning victims of crime.
The Act provides for the Board to consist of up to 10 members appointed by the Minister including 4 members representing the general community; a member representing NSW Police; a member representing the Attorney General's Department; and members representing other relevant Government agencies. |
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Victim Support Line
The Victim Support Line is run by the Victims of Crime Bureau in conjunction with Mission Australia.
The line provides support, information and referral to victims of crime in NSW.
The Victim Support line operates 24 hours a day, 7days a week.
Ph: 9374 3000 or 1800 633 063 (toll free)
TTY: 9374 3175 (for people who use a TTY machine)
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Eligibility for Approved Counselling and/or victim compensation
People eligible to claim for Approved Counselling or victims compensation are those who are:
- The victim of an act of violence and are injured as a result
- Injured as a result of witnessing an act of violence
- The member of the immediate family of a homicide victim
- The parent or guardian of a primary victim of a sexual assault, and the primary victim was under the age of 18 years at the time of the act
Injured while trying to:
prevent someone from committing an act of violence
arrest someone who is committing an act of violence, or
help or rescue someone against whom an act of violence is being committed.
A child can claim
If the victim of an act of violence is a child, an application can be made by a relative or other suitable person on the child's behalf. | Types of claims which are not covered
People are not eligible for Approved Counselling or compensation where:
- The act of violence did not occur in NSW
- It cannot be proved that an act of violence occurred
- The claim arises from a crime against property
- The claim arises from injuries caused by a motor vehicle.
In addition people are not eligible for compensation where
- The injury is not specified on the Schedule of Injuries or elsewhere in Schedule 1 of the Victims Support and Rehabilitation Act 1996.
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How to apply for Approved Counselling
Initial 2 hours counselling
Complete an Application for 2 hours of Counselling form. The two page form requires basic information about the victim and the act of violence to enable the Victims Services to assess the victim’s claim.
Relatives of homicide victims have a separate counselling form for 20 hours of counselling.
Victims Services will endeavour to make a decision regarding the application for counselling within 48 hours of receipt of the completed application.
Make sure the form has a telephone number where the victim can be contacted during that time. | Further counselling
To apply for further counselling the victim must have received the initial 2 hours of counselling approved by Victims Services.
Who can help me fill out the form
A solicitor can help a victim fill out the form.
Solicitors are not entitled to costs from Victims Services for helping you to fill out an application form for Approved Counselling only.
Alternatively Victims Services can provide assistance. Victims groups are also available to help with filling out the application form. |
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How Approved Counselling works
The initial two hours
The initial 2 hours of counselling must be provided by an Approved Counsellor.
Approved Counsellors are located throughout NSW and even if the victim lives outside NSW, Victims Services may be able to arrange an interstate Approved Counsellor.
Victims Services' prior approval is required before organising an appointment with the Approved Counsellor.
After the initial 2 hours?
During the initial 2 hours, the victim and counsellor will decide whether or not there would be benefit from further counselling.
If the victim decides that there would not be benefit from further counselling, the counsellor will provide a brief report to the Tribunal which states this professional opinion.
If the victim decides that there will be benefit from further counselling, then the counsellor will submit a recommendation for further counselling in a report to Victims Services setting out a brief history of the act of violence, the injuries the victim has received and the assistance that counselling will provide. | How is an application for further counselling processed?
Once the Tribunal has received all the information necessary to process the application, the matter will be given to an Assessor for consideration. The victim’s solicitor will then be sent a letter providing the result of the application.
If the application for counselling has been approved, the victim may contact the Approved Counsellor to arrange an appointment.
Choosing a suitable approved counsellor
Victims Services has a list of counsellors who are currently Approved Counsellors under the Approved Counselling Scheme. All of the Approved Counsellors on the list are qualified, private practitioners who provide counselling approved by the Victims Compensation Tribunal.
In order to become an Approved Counsellor, the practitioner must meet a number of criteria including a minimum of two years experience working with victims of crime as a registered provider. On a yearly basis, to maintain their Approved Counsellor status, the practitioners must meet additional criteria, including demonstrated ongoing professional development. |
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How to apply for victim compensation
A victim can lodge the application for compensation herself or be represented by a solicitor.
The Law Society can provide names of solicitors in local areas who will assist in completing application. The number for the Law Society is (02) 9926 0333.
The solicitor's fees will generally be paid by the Tribunal in accordance with the prescribed rate and reasonable disbursements will also be paid. These legal costs are paid over and above the amount of compensation awarded. The solicitor cannot charge you any more than the amount awarded for legal costs by the Tribunal.
When Victims Services receives the application, they will check to see if it has been completed and that all documents have been attached. If the application is in order, they will register the application and send the victim or their nominated representative an acknowledgment letter which may include a request for further information.
The steps in the process include:
Step 1 - receiving the application
Step 2 - obtaining other information
Step 3 - listing for determination
Step 4 - determination by the assessor
Step 5 - result and payment if awarded
Step 6 - right to appeal.
Time limit on applying
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 application.
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Calculating compensation
The threshold amount for victims compensation is currently $7,500. This means that if the Tribunal considers that the total amount of compensation the woman is entitled to amounts to less than $7, 500, no monetary compensation is payable to the woman at all.
Physical injuries can be compensated, and so can psychological or psychiatric disorders but the injury must arise from the act of violence.
List of compensable injuries
The Schedule of Injuries lists all injuries for which compensation may be awarded. If a victim has not received an injury listed in the Schedule then the victim will not be eligible for compensation. | Medical and related expenses, loss of earnings and personal items
In addition to injuries sustained as specified in the Schedule of Injuries, a total sum of $10,000 is available for:
- Actual medical and related expenses
- Actual loss of earnings
- Lost, destroyed or damaged personal items which were worn, or other losses and expenses which have resulted from an act of violence.
A combined total of up to $50,000 is available for injury and the above categories. |
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Further information on Approved Counselling or victim compensation
Further information can be obtained by contacting Victims Services.
Further detailed policies and procedures are available on Victims Services Internet site:
http://www.lawlink.nsw.gov.au/vs
For specific information on Victims Services for victims of domestic violence see Support and compensation for victims of domestic violence, a publication located on the Victims Services Internet site.
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