20.1 Claiming legal costs

For the FAS to pay legal costs, lawyers must:

have been listed as the victim’s Authorised Representative
have a practising certificate at the time of assisting the victim with their application, and
provide reasons in their request for legal costs explaining why the application should be considered complex.

The FAS will consider the lawyer’s explanation and information on the victim’s application when deciding whether an application is complex. The FAS will pay legal costs associated with an application as outlined in the following tables. The FAS will only consider paying legal costs above the amounts listed, or outside the circumstances identified in the below tables in exceptional circumstances, and only where the lawyer provides an appropriate explanation of the additional work undertaken.

Complex applications

Lawyers will be able to apply for additional costs by exception.

Legal costs available	Up to $1,100
When the FAS will pay legal costs	The FAS will pay legal costs for a complex application. Complexity factors include where an application involves: character considerations special circumstances for not reporting to, or assisting, police a finding of not guilty in a court outcome in relation to the violent act supporting the application an applicant who is suffering from trauma an out of time application a significant number of related acts multiple related acts and multiple injuries a victim with complex injuries documentary evidence that the lawyer must source from third parties a notice of intention to refuse the application from the FAS a victim who may face barriers or structural inequalities or disadvantages in accessing the FAS without legal representation, which may include: Aboriginal and Torres Strait Islander peoples culturally and linguistically diverse communities LGBTQIA+ communities children and young people older people people who have recently arrived in Australia refugees and asylum seekers people with low education levels or have difficulty reading and writing social exclusion (victims of crime that are marginalised or lack social support) disability or health issues, including mental health issues people experiencing substance dependence or homelessness people in State custody or mental health facilities people who have limited access to technology or require support to access technology.

Legal costs available

Up to $1,100

When the FAS will pay legal costs

The FAS will pay legal costs for a complex application. Complexity factors include where an application involves:

character considerations
special circumstances for not reporting to, or assisting, police
a finding of not guilty in a court outcome in relation to the violent act supporting the application
an applicant who is suffering from trauma
an out of time application
a significant number of related acts
multiple related acts and multiple injuries
a victim with complex injuries
documentary evidence that the lawyer must source from third parties
a notice of intention to refuse the application from the FAS
a victim who may face barriers or structural inequalities or disadvantages in accessing the FAS without legal representation, which may include:
- Aboriginal and Torres Strait Islander peoples
- culturally and linguistically diverse communities
- LGBTQIA+ communities
- children and young people
- older people
- people who have recently arrived in Australia
- refugees and asylum seekers
- people with low education levels or have difficulty reading and writing
- social exclusion (victims of crime that are marginalised or lack social support)
- disability or health issues, including mental health issues
- people experiencing substance dependence or homelessness
- people in State custody or mental health facilities
- people who have limited access to technology or require support to access technology.

Associated applications

Legal costs available	Up to $330 for an associated application Up to $1,100 for the lead application
When the FAS will pay legal costs	The FAS will pay legal costs for an associated application. An associated application is an application connected to another lead application. This includes where a lawyer is representing: multiple family members of the same deceased primary victim, or multiple victims of the same incident or violent act. Associated applications must also meet the complexity factors above.

Legal costs available

Up to $330 for an associated application

Up to $1,100 for the lead application

When the FAS will pay legal costs

The FAS will pay legal costs for an associated application. An associated application is an application connected to another lead application. This includes where a lawyer is representing:

multiple family members of the same deceased primary victim, or
multiple victims of the same incident or violent act.

Associated applications must also meet the complexity factors above.

Complex variation applications

Legal costs available	Up to $330
When the FAS will pay legal costs	The FAS will pay legal costs for a complex variation application. Complexity factors include where a variation involves: character considerations which are relevant to a variation application substantive variations of a VOCAT award documentary evidence that the lawyer must source from third parties to support the variation, and a victim who may face barriers seeking a variation application without legal representation.

Legal costs available

Up to $330

When the FAS will pay legal costs

The FAS will pay legal costs for a complex variation application. Complexity factors include where a variation involves:

character considerations which are relevant to a variation application
substantive variations of a VOCAT award
documentary evidence that the lawyer must source from third parties to support the variation, and
a victim who may face barriers seeking a variation application without legal representation.

Updated 16 October 2024