The FAS must reduce the financial assistance it pays to victims by the amount a victim has received from another scheme for the same loss or expense.[45] When deciding whether the payment is for the same loss or expense, the FAS will look at the nature and purpose of the other payment.
The FAS can also reduce financial assistance by the amount of any payment a victim is reasonably likely to receive from another scheme for the same loss or expense.
A victim is ‘reasonably likely’ to receive another payment if there is a real chance of them receiving that other payment and not merely being eligible for it. This includes considering whether the victim has applied to another scheme for the same loss or expense and whether they are likely to receive another payment.
✅ Reduction of assistance because of other payments Example: Josef was assaulted at work. He injured his eye and developed anxiety and depression. He received payment from WorkCover for medical expenses for his eye, and counselling costs to help with his anxiety and depression. Josef applied to the FAS and provided evidence of the payments from WorkCover. As he received assistance for counselling and medical costs, the FAS cannot provide assistance for these costs. The FAS can however provide other assistance such as special financial assistance as Josef is a primary victim. |
Footnotes
[45] Section 18(1)(a) of the Act
Updated