26.1 Decisions that can and cannot be reviewed

An applicant can request an internal review of decisions:

  • refusing an application for assistance
  • requiring repayment of interim assistance
  • about the amount of assistance to pay
  • refusing to vary assistance (including VOCAT awards)
  • about how much assistance to pay for a variation application
  • requiring repayment of an amount of assistance, including the amount of assistance to repay.

Decision can be reviewed internally

Example:

Harold is a victim of assault. The FAS provide him with assistance for counselling but reduces the amount of special financial assistance provided because of findings about his character and criminal history. Harold disagrees with the FAS’s assessment of his criminal history. Harold can apply for an internal review of the FAS decision about his character as this impacted the amount of special financial assistance provided.

An applicant cannot request an internal review of decisions about:

  • interim assistance (the FAS will only consider concerns regarding interim assistance as a part of an internal review of a final decision)
  • legal costs, or
  • whether or not to hold a victim recognition meeting.

Although an applicant cannot request an internal review about these decisions, they can make a complaint to the FAS about their concerns.

An applicant cannot request an internal review if the FAS CEO made the decision. Instead, victims must apply to VCAT for an external review of this decision.

Updated