To be eligible for the FAS, an applicant must not have previously been a VOCAT applicant, in relation to the same violent act, where they:
- received a final award from VOCAT
- had their VOCAT application refused
- have a pending application still being processed by VOCAT, or
- received an interim award from VOCAT and withdrew their pending final application from VOCAT on or after the date the FAS commenced.
If an applicant has a pending VOCAT application, and an interim award has not been made, they are eligible to apply to the FAS if they first withdraw their VOCAT application. They still must apply within the FAS’s time limits, unless they show reasons why they are applying out of time.
If the applicant has received an interim award from VOCAT and their final application is still pending, if they withdraw their VOCAT application:
- before the FAS commencement date, they can reapply to the FAS for the same violent act, or
- on or after the FAS commencement date, they cannot reapply to the FAS for the same violent act.
Previous VOCAT applications cannot be transferred to the FAS. The applicant must complete and submit a fresh application form through the portal.
During the transition period, if an applicant has obtained a report for a VOCAT application and applied to the FAS instead, the FAS will pay for these reports in the following circumstances:
- the report would have reasonably been required to support the victim’s VOCAT application if it had proceeded (and the report meets VOCAT’s requirements)
- the report supports an assistance type that the victim is seeking from the FAS
- the report was prepared prior to the FAS’s commencement date, and
- VOCAT has not already paid for the report.
The FAS understands that VOCAT will consider requests for payment of reports when a victim applies to VOCAT to withdraw their application. The FAS will not pay for a report that VOCAT has already paid for when withdrawing their application from VOCAT. If VOCAT has already paid for the report, an applicant is welcome to provide this report to the FAS as supporting evidence.
Outside of this transition period, the FAS will only pay for a report it has requested and authorised.
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