21.2 Character and the outcome of an application

When the FAS identifies a character issue that may impact an application, the FAS will then decide what impact it has on the application outcome. If the FAS identifies a character issue in an applicant or victim's application, the applicant will be notified and invited to provide further information and evidence about the issue.

Generally, the FAS will take the following approach when deciding what impact a character issue has on the outcome of an application but will consider each application based on its circumstances.

Seriousness of character issueImpact on application outcome
Significant character issue identifiedThe FAS refuses the application for assistance.
Serious character issue identifiedThe FAS partially refuses the application, meaning the FAS refuses the application for special financial assistance, distress or other specific assistance types.
Moderate character issue identifiedThe FAS approves the application for assistance but reduces the amount of special financial assistance by 25% of the maximum or another appropriate amount, or reduces the amount of distress assistance by 25% or other appropriate amount.
Minor character issue identifiedThe FAS approves the application with no impact on the amount of assistance.

When deciding the seriousness of the character issue and the impact of the applicant or victim’s character on the outcome, the FAS will consider:

  • the applicant or victim’s circumstances
  • the seriousness of the character circumstances and its impact on the community, and
  • the applicant or victim’s recovery needs compared to the character consideration.

Character impacts the outcome

Example:

Tim assaulted Mike. Later, Tim received threatening text messages from Mike who stated that Tim must meet him. Tim agreed to meet Mike and brought three of his own friends for protection. One of his friends threw a glass bottle at Mike, hitting him in the face. Mike thought that Tim had thrown the bottle and stabbed Tim, causing him very serious injuries.

Tim applied to the FAS for special financial assistance and medical expenses. The FAS considers the application and decides to pay medical expenses but refuses Tim’s application for special financial assistance as Tim’s actions directly contributed to the events leading up to the violent act.

Character impacts the amount of special financial assistance

Example:

Peter has a significant criminal history for trafficking drugs of dependence and has served multiple terms of imprisonment for drug trafficking and offences related to organised crime. One day, Peter is the victim of a random carjacking.

The FAS decides a character issue is identified as it includes a serious criminal history. The FAS decides to reduce the amount of special financial assistance to be paid to Peter by 25 per cent.

Character issue not identified

Example:

Jamie has been experiencing homelessness on and off for a number of years, during which time they received multiple criminal convictions for shop theft. In 2020, a friend invited Jamie to stay overnight and then sexually assaulted them. Jamie suffered multiple physical and psychological injuries which are likely to be permanent.

They also confirmed that they are not likely to receive compensation or support from any other schemes.

The FAS considers Jamie’s past criminal convictions to be unconnected to the sexual assault and does not consider them to be serious convictions to impact the outcome of their application.

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