17.4.2 Showing exceptional circumstances

To decide whether a secondary victim’s circumstances are exceptional, the FAS will consider the victim’s needs and supporting evidence provided. Exceptional circumstances mean that the victim’s circumstances are unusual, special, out of the ordinary, rare or outside reasonable anticipation or expectation.

Exceptional circumstances could include the victim’s personal circumstances, the seriousness of the offence or injury suffered, any pre-existing factors such as mental illness or disability or cultural considerations.

Loss of earnings – supporting evidence requirements
Mandatory evidence Applicants who have consistent income must provide one or more of the following for evidence of prior earnings: income protection documents bank statements pay slips Australian Taxation Office records (for example, lodged income tax returns, notice of assessments and income statements) for the three financial years before the violent act, and when possible, the financial years between the date of the violent act and the end date of the period for which the loss of earnings claim is made. an employment contract documentation that verifies: paid leave entitlements WorkCover payments Transport Accident Commission payments Centrelink payments All other payments received that the applicant is or may be entitled to during the period for which the loss of earnings claim is made. Applicants who have inconsistent income must provide Australian Taxation Office records (for example, lodged income tax returns, notice of assessments and income statements) for the three financial years before the violent act, and when possible the financial years between the date of the violent act and the end date of the period for which the loss of earnings claim is made. Applicants must provide one of the following documents detailing the applicant's injury and their diagnosis, their inability to work and duration of this inability provided by currently registered Australian Health Practitioner Regulation Agency (AHPRA) medical or mental health professionals: a report or letter from a mental health practitioner, or a report or letter from a medical practitioner. If an applicant is making a request for future lost earnings, then they must provide a report by a currently registered Australian Health Practitioner Regulation Agency (AHPRA) medical or mental health professional detailing their injury, diagnosis, their incapacity to work and the duration of the incapacity. Recommended evidence Applicants are recommended to provide any evidence that supports why their circumstances are exceptional. This could include: mental health practitioner reports or letters, medical or health professional reports or letters, or a statutory declaration explaining how their circumstances are exceptional. Additional evidence Applicants may want to consider providing additional documents supporting their loss of earnings. These documents could include: a letter from the applicant's employer detailing their past and/or current earnings statutory declaration about past and/or current earnings, or any other documentation relevant to the loss of earnings claim.

Loss of earnings – supporting evidence requirements

Mandatory evidence

Applicants who have consistent income must provide one or more of the following for evidence of prior earnings:

income protection documents
bank statements
pay slips
Australian Taxation Office records (for example, lodged income tax returns, notice of assessments and income statements) for the three financial years before the violent act, and when possible, the financial years between the date of the violent act and the end date of the period for which the loss of earnings claim is made.
an employment contract
documentation that verifies:
- paid leave entitlements
- WorkCover payments
- Transport Accident Commission payments
- Centrelink payments
- All other payments received that the applicant is or may be entitled to during the period for which the loss of earnings claim is made.

Applicants who have inconsistent income must provide Australian Taxation Office records (for example, lodged income tax returns, notice of assessments and income statements) for the three financial years before the violent act, and when possible the financial years between the date of the violent act and the end date of the period for which the loss of earnings claim is made.

Applicants must provide one of the following documents detailing the applicant's injury and their diagnosis, their inability to work and duration of this inability provided by currently registered Australian Health Practitioner Regulation Agency (AHPRA) medical or mental health professionals:

a report or letter from a mental health practitioner, or
a report or letter from a medical practitioner.

If an applicant is making a request for future lost earnings, then they must provide a report by a currently registered Australian Health Practitioner Regulation Agency (AHPRA) medical or mental health professional detailing their injury, diagnosis, their incapacity to work and the duration of the incapacity.

Recommended evidence

Applicants are recommended to provide any evidence that supports why their circumstances are exceptional. This could include:

mental health practitioner reports or letters,
medical or health professional reports or letters, or
a statutory declaration explaining how their circumstances are exceptional.

Additional evidence

Applicants may want to consider providing additional documents supporting their loss of earnings. These documents could include:

a letter from the applicant's employer detailing their past and/or current earnings
statutory declaration about past and/or current earnings, or
any other documentation relevant to the loss of earnings claim.

Updated 16 October 2024