Primary victims are eligible for financial assistance for loss of earnings because they are unable to work due to the violent act. Evidence requirements for loss of earnings are explained further below.
Secondary victims are also eligible for assistance for loss of earnings in exceptional circumstances.
The FAS can provide assistance up to $20,000 for the loss of earnings that has already happened, or that is reasonably likely to happen in the future.[23] The FAS can pay for the income a victim has lost because of their incapacity to work because of the violent act. This includes income from an employer or if a victim is self-employed. It can also include paid leave entitlements such as sick and annual leave that was taken due to the violent act.
A victim’s loss of earnings must be because of their incapacity to work due to the violent act. This can be a partial or total incapacity to work.
The FAS can only provide assistance for lost earnings for a period up to two years from when the violent act occurred.
A total or partial incapacity means the applicant is no longer able to continue to work completely or partially because of the violent act, or that they are prevented from undertaking work that they reasonably expected to do. Incapacity is a degree of loss in their ability to earn the same amount of income that they previously did before the violent act occurred.
✅ Showing an incapacity to work Example: Clarence works as a truck driver and often drives at least five hours per shift, five days a week. He was recently a victim of an assault which resulted in him breaking his wrist and fracturing his forearm. His arm and wrist are in a cast, and he isn’t currently able to drive. Clarence applies to the FAS for loss of earnings as his injuries have prevented him from working and has lost any income he would have received since the assault. A letter from his doctor has described his injury as causing a total incapacity to work, as driving is essential to the performance of his role, and he is unable to earn the same amount of income as he would have prior to the assault. |
Footnotes
[23] Section 10(2)(c) of the Act.
Updated