17.5.1 Showing exceptional circumstances

To decide whether a victim’s circumstances are exceptional, the FAS will consider the victim’s recovery needs, the supporting evidence provided and whether the expenses sought are reasonable. 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, or any pre-existing factors such as mental illness or disability or cultural considerations.

The reasonable recovery expenses requested must:

be to assist the victim in recovering from the violent act, and
be proportionate to the injury which the victim has experienced.

Recovery expenses – supporting evidence requirements
Mandatory evidence Applicants must provide one of the following for evidence of the cost of the recovery expense: an invoice or receipt for expenses already paid for a quote for expenses to be paid for in the future a screenshot or other official outline of a product or service provider’s fees, or an email or other correspondence from the vendor or service provider with their fees. Recommended evidence Applicants are recommended to provide one of the following documents to detail the need for recovery expenses and why their circumstances are exceptional: a report or letter by a mental health practitioner a report or letter by a medical or health professional, or a report or letter by a social worker or other support worker (for example, from an Orange Door or specialist sexual assault service). A report or letter must detail the following: an explanation as to how the victim’s circumstances are exceptional, and the type of requested assistance and an explanation about how the assistance will assist in their recovery from the violent act. Additional evidence Applicants may want to consider providing additional documents supporting their application for recovery expenses to show why it is needed and why their circumstances are exceptional. This could include a statutory declaration explaining the exceptional circumstances and why the recovery expense is needed.

Recovery expenses – supporting evidence requirements

Mandatory evidence

Applicants must provide one of the following for evidence of the cost of the recovery expense:

an invoice or receipt for expenses already paid for
a quote for expenses to be paid for in the future
a screenshot or other official outline of a product or service provider’s fees, or
an email or other correspondence from the vendor or service provider with their fees.

Recommended evidence

Applicants are recommended to provide one of the following documents to detail the need for recovery expenses and why their circumstances are exceptional:

a report or letter by a mental health practitioner
a report or letter by a medical or health professional, or
a report or letter by a social worker or other support worker (for example, from an Orange Door or specialist sexual assault service).

A report or letter must detail the following:

an explanation as to how the victim’s circumstances are exceptional, and
the type of requested assistance and an explanation about how the assistance will assist in their recovery from the violent act.

Additional evidence

Applicants may want to consider providing additional documents supporting their application for recovery expenses to show why it is needed and why their circumstances are exceptional. This could include a statutory declaration explaining the exceptional circumstances and why the recovery expense is needed.

Updated 17 October 2024