Your application will progress through a number of steps after it has been received by Victims Services.
There are some matters that can affect an award being made. Read more below about s30 issues.
If you disagree with the decision of the Compensation Assessor (Assessor), you have a right to lodge an appeal to the Tribunal within 3 months of receipt of the decision.
Confidentiality
Some information may need to be made available to the offender for recovery proceedings taken by the Tribunal. The Tribunal may also be required to produce documents to a court where there is other legal action taking place. However, in general the material in the possession of the Tribunal is not released to other people.
Repaying compensation
You must notify the Director or the Registrar of Victims Services of any money later received from other sources (for example, workers compensation, civil action, etc) for the injuries, losses and expenses taken into account in the victims compensation award. Read more about the repayment of compensation.
Step 1 - Registering your application
When we receive your application, we will check to see if it has been completed and that all documents have been attached. If your application is in order, we will register your application and send you or your nominated representative an acknowledgement letter which may include a request for further information. Included in the acknowledgement letter will be your claim number. Please quote this claim number whenever you contact us.
Step 2 - Obtaining further information
After your application has been registered, we will obtain information such as police reports, court transcripts and make other investigations relevant to your application.
Step 3 - Listing your claim for determination
Once we have received all the information necessary to process your claim, the matter will be listed and allocated a date for determination. You or your nominated representative will be sent a notification of a listing date. At the first opportunity after the listing date, the Assessor will make a decision with regard to your eligibility for an award of compensation.
Step 4 - Determining your claim
On the determination date, an Assessor will examine your form and all related documents, and determine your application. Applications are determined by an Assessor in his/her office without the need for you to attend. In some cases, an award may be refused or reduced if the victim unduly delayed reporting to the police, did not assist the police or prosecuting authority, or in any way contributed to the act of violence.
Step 5 - Payment if award is made
Within 10 working days of the determination being finalised we will send you or your nominated representative a letter telling you the result of your application. If an award is made, we will send you or your representative an Application for Payment form, a Standard Conditions of the Award and instructions. If you accept the Standard Conditions and the amount awarded, you will have to sign and return the Application for Payment form. In most cases, we will process the payment within 28 working days of receiving the signed Application for Payment form.
Victims Services will send you the award cheque if you looked after your own claim and had no legal representation. However, if a solicitor looked after your claim, Victims Services will send the award cheque to them.
Victims Services cannot send you the award cheque if the compensation assessor directs the award to be paid to the Office of the NSW Trustee and Guardian.
Payment is generally made by cheque but Electronic Funds Transfer (EFT) is available upon request.
Step 6 - If you disagree with decision
If you disagree with the decision of the Assessor, you have a right to lodge an appeal to the Tribunal within 3 months of receipt of the decision.
Read more about the appeals procedure
Other matters which may affect the award (s.30 issues)
In some circumstances an award of compensation may be reduced or dismissed. This includes cases where:
- the offence was not reported to the police within a reasonable time (unless it can be established that the delay was justified);
- the applicant did not assist the police in their inquiries regarding the arrest or prosecution of an accused person;
- the victim's behaviour contributed to the injury for which the compensation is claimed;
- the claim includes expenses and losses that can be recovered from another source; for example, medical expenses recoverable from Medicare, lost income recoverable from WorkCover, etc;
- the victim has failed to take reasonable steps to reduce the extent of their injury, such as seeking appropriate medical advice or treatment;
- in the case of family member/s of a homicide victim applying for compensation, the deceased's behaviour contributed to his or her death.
