26.2 Internal review time limits and out of time applications

Victims must apply for an internal review of a decision within 28 days of the FAS’s decision.^[53] The FAS includes the relevant review deadline in all Notices of Decision.

The FAS can agree to extend the time for victims to apply for an internal review.^[54] When applying out of time, victims should clearly explain the reasons why they are applying out of time and provide evidence to support this request.

When deciding whether to accept an application for an internal review out of time, the FAS will consider the reasons for the delay and whether the delay impacts the FAS being able to make a fair decision. These reasons for the delay could include:

• the victim’s age
• whether the victim has a disability or mental illness
• whether the victim has a medical or psychological condition that impacts their ability to apply for an internal review
• whether the offender was in a position of power, influence, or trust
• the nature, dynamics, and circumstances of the violent act (including whether it occurred in the context of a pattern of abuse, family violence or sexual offences)
• whether the victim is homeless or has experienced homelessness
• whether the victim is waiting for the FAS to make another decision about financial assistance
• whether the victim was seeking further information or evidence in support of their internal review application and experienced a delay in receiving that information
• any steps taken by the victim to seek an internal review during the 28-day period, or
• anything else the FAS considers relevant.