8. Related victims

Victim type:

A close family member of a deceased primary victim

Requirements:

A close family member is someone who had a genuine personal relationship with their loved one at the time of their passing, and is a:

• spouse or domestic partner
• parent, guardian or step-parent
• child, step-child or child through guardianship, or
• sibling or step-sibling.^[12]

A close family member can also be someone who the deceased victim considered to be a close family member at the time of their passing, and that the FAS considers this reasonable given the circumstances of the relationship.^[13] This could include Aboriginal kinship relationships, extended families and LGBTIQA+ chosen families.

Examples of evidence to show the nature of the relationship:

Recommended evidence

Applicants who are a close family member are recommended to provide one or more of the following documents to show their relationship to the primary victim:

• birth or adoption certificate
• guardianship documentation
• foster care documentation
• letter from a local Aboriginal community-controlled organisation
• marriage or relationship registration certificates
• government documents showing the relationship (such as Medicare or Centrelink).

Additional evidence

Applicants may want to consider providing additional documents showing their relationship as a close family member to the primary victim. These documents could include:

• statutory declaration detailing the relationship
• statutory declaration or letter from other family members, friends, colleagues, teachers and religious or cultural leaders
• Victim Impact Statement
• documents showing shared accounts, addresses or details (such as bank statements, utility bills, rental agreements, home ownership documents) photos, social media posts, text messages, emails or any other record that provides context to the nature of the relationship, or any other document that shows the close family relationship between the applicant and their loved one.

Victim type:

A dependant of a deceased primary victim

Requirements:

A dependant is someone who:

• was wholly or substantially dependent on their loved one’s income at the time of their passing
• would have been dependent on their loved one’s income if it was not for their loved one’s incapacity due to the injury which resulted in their passing, or
• is a child born after their loved one’s passing and who would have been a dependant.^[14]

When deciding whether an applicant is a dependant, the FAS will look at the circumstances of the relationship and:

• whether the applicant relied entirely on their loved one’s income or to what extent they relied on their income, and
• the circumstances of the relationship.

Examples of evidence to show the nature of the relationship:

Recommended evidence

Applicants who are a dependant are recommended to provide one or more of the following documents showing their financial dependency and relationship with the primary victim:

• documents showing payments or other benefits provided by the primary victim to the applicant
• documents showing financial dependency through shared accounts, addresses or details (such as bank statements, utility bills, rental agreements, home ownership documents), or
• details of beneficiaries (superannuation beneficiaries etc) showing financial dependency of the applicant.

Additional evidence

Applicants may want to consider providing additional documents showing their financial dependency and relationship with the primary victim. These documents could include:

• statutory declarations detailing the relationship and the applicant’s reliance on the primary victim’s income along with evidence of the income from one of the following:
  • letter from an employer detailing earnings of the primary victim, including how they were calculated
  • tax returns of the primary victim for the three financial years before their passing and the financial years for the dependency claim period
  • documents verifying financial payments such as WorkCover, Transport Accident Commission, and Centrelink payments and any other payments provided by the primary victim’s estate
• Victim Impact Statement, or
• any other document that shows evidence of financial circumstances and the nature of the relationship between the applicant and their loved one.

Victim type:

Someone in an intimate personal relationship with a deceased primary victim

Requirements:

An applicant’s ‘intimate personal relationship’ with a deceased primary victim may be different, depending on the circumstances. When deciding whether there was an intimate personal relationship, the FAS will consider:

• 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
• the emotional commitment, comfort, advice, and support of a personal nature between them
• 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.

Examples of evidence to show the nature of the relationship:

Recommended evidence

Applicants who were in an intimate personal relationship are recommended to provide documentary evidence demonstrating the nature of their relationship with the primary victim. This could include the following:

• documents showing shared expenses or financial responsibilities such as accounts, addresses or details (bank statements, utility bills, rental agreements, home ownership documents)
• letter from a local Aboriginal community-controlled organisation, or
• documents showing a mutual commitment to a shared life.

Additional evidence

Applicants may want to consider providing additional documents supporting their application as someone who was in an intimate personal relationship with the primary victim. These documents could include:

• Victim Impact Statement
• statutory declarations from the applicant, family members or friends who knew both parties detailing the nature of the relationship by describing:
  • how the relationship started and developed
  • what activities the applicant and primary victim liked to undertake together
  • significant events in the relationship.
• messages between the applicant and primary victim
• joint invitations or travel plans
• evidence of having participated in joint sporting, cultural or social activities together
• photos of the applicant and their loved one which demonstrate the relationship (such as events, gifts exchanged, time on Country etc.)
• any other document that shows an intimate personal relationship.