2. Key terms

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

Bolded terms on this page are defined terms. These guidelines will use the following terms unless specified otherwise:

A

Additional evidence

Evidence that an applicant should provide if they do not have any of the recommended evidence and this evidence is available to them. Applicants may also want to include this evidence to further support their application if the applicant is asking the FAS to exercise discretion when making decisions or to help explain something complex with their application.

Applicant

A person who applied to the FAS for financial assistance. An applicant could be a victim of crime, someone applying for funeral expenses, or their authorised representative.

Assistance

Financial assistance paid by the FAS.

Assistance cap

The maximum amount of assistance which the FAS can pay a victim under the Act.

Assistance type

The different types of financial assistance available from the FAS. For example, assistance for counselling or medical expenses, or special financial assistance.

For more, see section 13. Summary of financial assistance available from the FAS.

Assisting authorities

Providing reasonable assistance to any person or body investigating the violent act or providing reasonable assistance with the arrest or prosecution of an offender.

Attitude

A feeling or opinion about something or someone, or a way of behaving.

Authorised representative

A person authorised by a victim (such as a lawyer) or another legal arrangement (such as a guardianship order or power of attorney) to apply to the FAS and to communicate decisions in relation to that application to the FAS on behalf of that victim or make decisions on behalf of a victim where appropriate.

For more, see section 11. Authorised Representatives.

Award

An award of assistance paid by the Victims of Crime Assistance Tribunal (VOCAT). The FAS uses the term ‘award’ to refer to any award of assistance made by VOCAT but uses the term ‘assistance’ to refer to assistance paid by the FAS.

B

Behaviour

The way a person acts in a particular situation or under particular conditions.

C

Child abuse

The guidelines use the definition of ‘child abuse’ from the Child Wellbeing and Safety Act 2005, which is:

  • any act committed against the child involving a sexual offence or grooming,
  • physical violence or serious emotional or psychological harm against the child, or
  • serious neglect of the child.

Close family member

Someone who had a genuine personal relationship with the primary victim at the time of their death and was also their:

  • spouse or domestic partner,
  • parent, guardian or step-parent,
  • child, step-child or child through guardianship, or
  • sibling or step-sibling.

A close family member can also be someone who the primary victim considered to be a close family member at the time of their death as determined by the circumstances of their relationship. This could include Aboriginal kinship relationships and chosen families.

Criminal act

An act or failure to act that is a relevant offence under the Act. This includes acts that would be a relevant offence even where the person is not criminally responsible for the offence because of age, mental impairment or a lawful defence. This includes where the offender is a child under the minimum age of criminal responsibility or has been found not guilty because of mental impairment.

D

Decision making capacity (otherwise known as ‘legal capacity’)

Has the same meaning as section 5 of the Guardianship and Administration Act 2019. It means the ability or capacity of a person to:

  • understand information relevant to life decisions and the effect of that decision
  • retain that information to the extent necessary to make a decision
  • use or weigh that information as part of the process of making a decision, and
  • communicate the decision and the person’s views and needs as to the decision in some way, including by speech, gesture or other means.

Dependant

Means a person who:

  • was wholly or substantially dependent on the primary victim’s income at the time of their death, or would have been so dependent if not for the primary victim’s incapacity due to the injury from which the person passed away, or
  • is a child of the primary victim, born after the primary victim’s death, who would have been a dependant if born before the primary victim’s death.

For example, if a partner was dependent on the income of a primary victim who passed away as a result of the violent act, they would likely be a dependant.

E

Exacerbation

A worsening of pre-existing symptoms, injury or illness either from actual physical harm or psychological or psychiatric harm.

For more, see section 10.3 Exacerbation of a pre-existing injury.

External review

When an applicant appeals a decision made by the FAS to the Victorian Civil and Administrative Tribunal (VCAT). In most cases, an applicant must first apply for an internal review at the FAS before they can apply to VCAT.

F

Family member

For the purposes of the definition of ‘family violence’ in these guidelines, family member has the meaning as defined in the Family Violence Protection Act 2008.

For the purposes of these guidelines, this means a person who:

  • is, or has been, the victim’s spouse or domestic partner
  • has, or has had, an intimate personal relationship with the victim
  • is, or has been, a relative of the victim
  • is a child who normally or regularly resides with the victim or has previously resided with the victim on a normal or regular basis
  • is a child of a person who has, or has had, an intimate personal relationship with the victim, or
  • is someone who the victim regarded as being like a family member, having regard to the circumstances of the relationship.

Family violence

Family violence in these guidelines has the meaning as defined in the Family Violence Protection Act 2008.

This is behaviour towards a family member that is:

  • physically abusive
  • sexually abusive
  • emotionally abusive
  • psychologically abusive
  • economically abusive
  • threatening
  • coercive, or
  • behaviour that controls or dominates the family member in any other way and causes them to fear for their safety or that of someone else.

Family violence can also be behaviour that causes a child to hear, witness or be exposed to the effects of other types of family violence.

FAS variation

A variation of assistance that was provided by the FAS.

For more, see section 25. Variation of FAS assistance.

H

Health Service Provider

An organisation that provides a health service and holds health information.

Some examples of a health service provider include a general practitioner or medical practitioner, a blood bank, a private hospital, a private aged care centre, a dentist, a pharmacist or a drug and alcohol service.

I

Incurred

These are expenses or services that have already been paid for by the applicant.

These expenses include funeral expenses, counselling services, medical expenses, loss or damage to clothing, safety-related expenses, recovery expenses and other expenses.

Injury

Injury in these guidelines means:

  • physical harm
  • psychological or psychiatric harm
  • exacerbation of a pre-existing injury constituted by actual physical harm or psychological or psychiatric harm
  • a combination of physical, psychological or psychiatric harm or exacerbation of a pre-existing injury, or
  • any trauma associated with the violent act which the FAS determines is an injury.

Injury does not include an injury that arises from loss of or damage to property.

For more, see section 10. Injury.

Intellectual disability

Has the same meaning as in the Disability Act 2006 which defines this to be, in relation to a person over the age of five years:

  • the concurrent existence of significant sub-average general intellectual functioning, and
  • significant deficits in adaptive behaviour each of which manifested before the age of 18 years.

Internal review

When an applicant asks the FAS to take a fresh look at their application to make sure the FAS made the right decision.

For more, see section 26. Internal review.

Intimate personal relationship

Means a relationship that the FAS considers intimate due its circumstances that may be shown by:

  • the extent to which each person was dependent on the other
  • the length of the relationship and frequency of contact
  • if there was an ongoing sexual relationship
  • emotional commitment, comfort, advice and support of a personal nature
  • involvement in each other’s personal lives, including sharing of confidences and intimacies
  • if the two people shared care of or support for children or other dependants, or
  • if the two people shared a mutual commitment to a shared life.

Investigating or prosecuting authorities

Any person or body engaged in the investigation of the violent act or in the arrest or prosecution of any person by whom the violent act was committed or alleged to have been committed. This includes Victoria Police and the Office of Public Prosecutions.

L

Costs provided by the FAS to a lawyer for representing or assisting the applicant in relation to the initial application or variation.

For more, see section 20. Legal costs.

Likely to be incurred

These are expenses or services that are expected to be paid for in the future by the victim.

These expenses include counselling services, medical expenses, safety-related expenses, recovery expenses and other expenses.

M

Mandatory evidence

Evidence that the applicant must provide with their application as the evidence is either required by the Act and without this evidence the FAS will refuse the application, or the evidence is related to the cost of the assistance sought and is critical to processing the application.

Mental illness

Has the same meaning as in the Mental Health and Wellbeing Act 2022.

Mental illness is a medical condition that is characterised by a significant disturbance of thought, mood, perception, or memory. The condition must have been diagnosed by a qualified mental health professional.

Minor variation

A variation of a VOCAT award which gives effect to the original intention of the VOCAT award.

For more, see section 24.2 Minor and substantive variations.

O

Offender

The person (or persons) alleged to have committed the violent act against the victim. The FAS does not require the offender to have been convicted of or found criminally responsible for the violent act.

Original decision

The earlier FAS decision being internally reviewed when an applicant requests a review of that decision.

P

Power of Attorney

A written authorisation to represent or act on another person’s behalf in personal or financial affairs or some other matter.

Primary victim

A person who is injured or passes away as a direct result of a violent act committed against them, or a child who is injured as a direct result of hearing or witnessing, or being exposed to the effects of, the violent act.

A primary victim can also be someone trying to:

  • arrest a person they reasonably believe has committed a violent act
  • prevent a violent act, or
  • aid or rescue a person they reasonably believe is a victim of a violent act.

For more, see section 6. Primary victims.

R

Evidence that the applicant should provide in support of their application to show why they are eligible for assistance and why they need certain assistance. Without this evidence, the FAS may need to ask the applicant for further information to establish their eligibility, which will increase the time it takes the FAS to process the application.

Multiple criminal acts that are related to each other and dealt with together for the purposes of a FAS application. Criminal acts are related if they were against the same person, and:

  • occurred at around the same time,
  • were committed by the same person or people but occurred over a period of time, or
  • share some other common factor.

The FAS may decide not to treat criminal acts as related acts.

For more, see section 9.4 Related acts.

A person who, at the time of the violent act, was a close family member, dependant or had an intimate personal relationship with the primary victim who passed away as a direct result of the violent act.

For example, a parent of a primary victim would be a related victim.

For more, see section 8. Related victims.

Relevant offence

Has the same meaning as section 3 of the Victims of Crime (Financial Assistance Scheme) Act 2022.

For more, see section 9.3 Relevant offences.

Reviewer

A more senior FAS staff member who was not involved in the original decision and remakes the decision about an application after an applicant requests an internal review.

S

Secondary victim

A person who is present at the scene of a violent act and who is injured as a direct result of witnessing that act. In other words, this may be a witness who watches a primary victim being assaulted. A secondary victim can also be a parent or guardian who is injured as a result of subsequently becoming aware of a violent act committed against their child who is a primary victim.

For more, see section 7. Secondary victims.

Serious injury

For the purposes of special financial assistance, a serious injury is an injury (including the cumulative effect of more than one injury) that endangers life or is substantial and protracted.

Sexual offence

An offence in Subdivision 8A, 8B, 8C, 8D, 8E, 8F or 8FA of Division 1 of Part I of the Crimes Act 1958. This includes offences of rape, sexual assault, and sexual offences against children. A list of many of these offences is found in section 9.3 – Relevant offences.

Significant adverse effect

For the purposes of special financial assistance, ‘significant adverse effect’ is any grief, distress, trauma, or injury experienced or suffered by the victim because of the violent act. This does not include any loss of or damage to property.

Substantive variation

A variation of a VOCAT award which is not a minor variation and instead requests a new type of assistance.

For more, see section 24.2 Minor and substantive variations.

T

The Act

The Victims of Crime (Financial Assistance Scheme) Act 2022.

V

Very serious physical injury

For the purposes of special financial assistance, actual physical bodily harm that is permanent or of long-term duration and involves:

  • loss of a bodily function
  • disfigurement of a part of the body
  • total or partial loss of a part of the body
  • loss of a foetus
  • loss of fertility, or
  • infection with a life-threatening disease.

Victim

A person who has experienced a violent act and is eligible to apply for assistance from the FAS.

Violent act

A criminal act, or a series of related acts, committed by one or more persons, that has occurred in Victoria, and directly resulted in injury to or the death of one or more persons, regardless of where the injury or death occurred.

In the Act, a violent act is known as an ‘act of violence’.

For more, see section 9. Violent Acts.

VOCAT

Victims of Crime Assistance Tribunal

VOCAT variation

A variation of an award made by VOCAT.

For more, see section 24. Variation of a VOCAT award.

Updated

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