Under section 58 of the Victims of Crime (Financial Assistance Scheme) Act 2022 (the Act), the Financial Assistance Scheme (FAS) CEO can make, vary, and revoke guidelines for the performance of functions under the Act or for any other matter related to the FAS for providing assistance.
The Act makes these guidelines binding on all FAS staff. When making decisions about financial assistance, FAS assessors must consider and apply these guidelines. The FAS must make decisions ‘on the balance of probabilities.’ The balance of probabilities is a common legal test which means ‘more likely than not’ based on the material available. These guidelines should be read with the Act and regulations including the Victims of Crime (Financial Assistance Scheme) Regulations 2024, it does not override what the Act says.
These guidelines will be reviewed and updated periodically as required.
1.1 Terms used by these guidelines
The FAS recognises that there are many terms that are used to describe people who have lived experience of crime and are dealing with its impact and consequences. These can include victim, victim-survivor or affected family member, among other terms. Some people identify with these terms and some people do not. These guidelines use the terms ‘victim’ and ‘applicant’. The FAS recognises that for some people, these may not be the preferred terms. These guidelines use these terms because they are the legal terms used in the Act.
In using the terms ‘victim’ and ‘applicant’, the guidelines in no way diminish the strength, identity or diversity of people who have experienced crime. Instead, the guidelines recognise that the experience of crime victimisation does not define a person as a victim beyond that context. The guidelines similarly acknowledge the experience of victims of crimes which are not ‘violent crimes’, such as property crimes, and recognises their experience.
The terms ‘applicant’ and ‘victim’ can also refer to the same person or they may refer to different people depending on the circumstances. A victim is the person who experienced the violent act personally. The term ‘applicant’ means a person who is applying to the FAS for assistance, this could be a lawyer or another representative who is authorised to apply to the FAS on behalf of a victim.
1.2 Examples used in these guidelines
The examples and scenarios used throughout these guidelines are to assist with understanding a specific topic within the guidelines and should be read in the context of the topic in which they appear. They are not to be taken as a reflection of an applicant’s eligibility or ineligibility for the FAS or of an applicant’s entire application and circumstances.
1.3 FAS guiding principles
When making decisions about financial assistance, the FAS will always have regard to its guiding principles as set out under the Act. These principles are that:
- the scheme should support victims’ wellbeing and dignity
- victims should be protected from further trauma, intimidation, or distress
- the needs of victims, including their safety and wellbeing, are of paramount importance
- the needs of victims may vary
- the scheme should be accessible and flexible in providing assistance to victims, and
- the scheme should promote cultural safety for victims of Aboriginal or Torres Strait Islander descent, which includes acknowledging:
- Aboriginal and Torres Strait Islander people as descendants of Australia's first people
- that Aboriginal and Torres Strait Islander people have been disproportionately affected by the criminal justice system in a way that has contributed to criminalisation, disconnection, intergenerational trauma and entrenched social disadvantage, and
- that victims of Aboriginal or Torres Strait Islander descent have cultural rights and familial and Aboriginal community connections relevant to financial assistance provided by the FAS.
Updated