10.3 Exacerbation of a pre-existing injury

A pre-existing physical, psychological or psychiatric injury will be exacerbated when it is made worse as a direct result of the violent act. Sometimes it will be complex trying to distinguish the difference between the pre-existing injury and the exacerbation of the injury.

✅ Eligible for the FAS

Example:

Ruby was involved in a motor vehicle accident in 2002. She suffered injuries to her shoulder which resulted in some loss of movement and pain, but she was able to still perform her daily tasks.

Ruby was recently assaulted while walking home one night and her arm was pinned to the ground. As a result, her shoulder’s function is a lot worse, and she is now unable to do some of the tasks that she was able to do before the incident. This includes bathing herself with that arm and carrying things.

Ruby’s pre-existing physical injury has been made worse by the violent act.

Exacerbation of a pre-existing injury – supporting evidence requirements
Mandatory evidence Applicants must provide detail in their application form about their injury and how it has been exacerbated. Recommended evidence Applicants are recommended to provide one of the following documents that detail how the injury was exacerbated: hospital records medical records report or letter by a medical practitioner report or letter by a mental health practitioner, or report or letter by a social worker or other support worker (for example, from an Orange Door or specialist sexual assault service) Evidence must detail: the cause and extent of the victim’s pre-existing injury, including an explanation of the way the pre-existing injury affected the victim before the exacerbation any treatment the victim obtained for the pre-existing injury before and after the exacerbation how the violent act has worsened the victim’s pre-existing injury, including any impact on their day-to-day life, and costs incurred by the victim as a direct result of the exacerbation of the victim’s pre-existing injury, including medical, health and expenses of daily living. The FAS will also request information from the police about the violent act, which may include information about the victim’s injury.

Exacerbation of a pre-existing injury – supporting evidence requirements

Mandatory evidence

Applicants must provide detail in their application form about their injury and how it has been exacerbated.

Recommended evidence

Applicants are recommended to provide one of the following documents that detail how the injury was exacerbated:

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

Evidence must detail:

the cause and extent of the victim’s pre-existing injury, including an explanation of the way the pre-existing injury affected the victim before the exacerbation
any treatment the victim obtained for the pre-existing injury before and after the exacerbation
how the violent act has worsened the victim’s pre-existing injury, including any impact on their day-to-day life, and
costs incurred by the victim as a direct result of the exacerbation of the victim’s pre-existing injury, including medical, health and expenses of daily living.

The FAS will also request information from the police about the violent act, which may include information about the victim’s injury.

Updated 16 October 2024