Step 1

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 1B - Claims from family members of homicide victims

The Act requires that an Assessor does not make a determination within 3 months of receipt of the application, unless it appears that no other family victim exists or is likely to make an application for compensation. Therefore it would assist if all details of eligible family members are provided, in addition to a written statement as to whether or not they are likely to apply, when you complete your application for compensation.

If you are making a claim as a family member of a homicide victim, you will need to prove your relationship to the deceased person. This normally will require a certificate of birth or marriage certificate, or in the case of a de-facto spouse, a statutory declaration outlining the relationship. Statutory declarations from other people supporting the de facto relationship are not essential but would help your claim.

The Tribunal will also need proof of death, usually by providing a copy of a death certificate obtained from the New South Wales Coroner or the New South Wales Registry of Births, Deaths and Marriages.

Step 2

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

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

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. Only in special circumstances will you be required to attend a hearing before the Tribunal. 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

Within a week of determination 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 form 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.

Read more about the payment of an award

Step 6

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 mitigate 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.

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

If a victim receives an award of victims compensation, the victim must notify the Director or the Registrar of Victims Services of any money later received from other sources for the injuries, losses and expenses taken into account in the award. The Director or Registrar may then make a demand for the repayment of the amount of the victims compensation award that overlaps with the subsequent payment.

Examples:

• when a victim makes a private agreement with the offender for the payment of compensation or;
• when a victim takes out civil proceedings against the offender or a third party for the same injuries, losses and expenses considered in the victims compensation award. If you take out civil proceedings, you should advise the Tribunal Registry and keep the Registry informed of any developments, including proposals for settlement.
• when a victim receives a workers compensation payment in respect of the same act of violence. If you have a workers compensation claim, you should advise the Tribunal Registry and keep the Registry informed of any developments, including proposals for settlement. Read more about workers compensation payments