21.1.1 When the victim's character is connected to the violent act

When character is connected	When character is not connected
The FAS will usually decide that there is a connection between the applicant or victim’s character, behaviour, attitude or criminal history and the violent act when they: are involved in the violent act but may not be responsible for it were involved in other connected criminal behaviour when the violent act was committed have been associated with the offender through other or previous criminal activity, or were involved in past criminal events that led to retaliation or retribution against them in the form of the violent act.	The FAS will usually decide that there is no connection between the applicant or victim’s character, behaviour, attitude or criminal history and the violent act when they: used drugs or alcohol before or during the violent act but the drug or alcohol use is not connected to the violent act, or were involved in sex work before or at the time of the violent act, or they were involved with the police at the time of the violent act.

When character is connected

When character is not connected

The FAS will usually decide that there is a connection between the applicant or victim’s character, behaviour, attitude or criminal history and the violent act when they:

are involved in the violent act but may not be responsible for it
were involved in other connected criminal behaviour when the violent act was committed
have been associated with the offender through other or previous criminal activity, or
were involved in past criminal events that led to retaliation or retribution against them in the form of the violent act.

The FAS will usually decide that there is no connection between the applicant or victim’s character, behaviour, attitude or criminal history and the violent act when they:

used drugs or alcohol before or during the violent act but the drug or alcohol use is not connected to the violent act, or
were involved in sex work before or at the time of the violent act, or
they were involved with the police at the time of the violent act.

✅ Character is not connected to the violent act

Example:

Jasmin applied for financial assistance after being sexually assaulted. Jasmin has been homeless for many years and has occasionally worked as a sex worker. Jasmin has criminal convictions including for theft and drug possession.

These convictions are not relevant to Jasmin’s application for assistance because Jasmin’s drug use and theft convictions are not connected to the violent act and will not be considered by the FAS.

❌ Character impacts the outcome

Example:

Tyler has no history of violence or criminal behaviour, but one night he initiated a fight that left him and several bystanders seriously injured. In addition to causing injury to the other bystanders, Tyler suffered injuries requiring hospitalisation and ongoing medical treatment, as well as PTSD requiring ongoing counselling. Due to the physical and mental impact of the assault, Tyler was unable to work.

The FAS decides that Tyler’s behaviour and criminal activity is relevant as he initiated the fight, which had a considerable impact on several other victims and witnesses present.

Updated 16 October 2024