8. Related victims

A person who was a close family member, a dependant, or had an intimate personal relationship with a loved one who passed away because of a violent act is a related victim.

The FAS will consider the evidence provided by the applicant and other evidence (such as information from Victoria Police) to show that a violent act occurred to help establish that they are a related victim.

Evidence requirements for related victims are explained further below.

You are a related victim if a loved one has passed away because of a violent crime and you were: a close family member of the person a dependant of the person in an intimate personal relationship with the person.

Related victims must:

  • satisfy the other eligibility requirements, including that their application is made within the time limits
  • provide evidence that they were either a close family member, a dependant or had an intimate personal relationship with their loved one
  • provide evidence that their loved one was a primary victim who passed away from a violent act.

The different types of related victims[11] are summarised in the table below:

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.

✅ Eligible for the FAS as a close family member

Example:

Nick and Joe were cousins but grew up together as children and were treated by their families as being as close as brothers. They also lived together for several years in a shared apartment after moving out of home. One night, Nick was assaulted while walking home to their apartment after a shift at work. He was taken to hospital but passed away from his injuries.

The FAS considers Joe to be a related victim as Joe was a close family member of Nick’s, and at the time of his death Nick treated and thought of Joe as his brother.

✅ Eligible for the FAS as a dependant

Example:

Jose is Maddy’s grandfather. Jose works full time and financially supports Maddy. Although they do not live together, Jose pays for Maddy’s rent, bills and food. Maddy is currently studying and is wholly dependent on Jose’s income. Jose is the victim of a violent act and passes away from his injuries.

The FAS considers Maddy to be a related victim as she is wholly dependent on Jose’s income at the time of his passing.

✅ Eligible for the FAS as they were in an intimate personal relationship with a primary deceased victim

Example:

Martha and Lucas are housemates and have been friends for over ten years. As neither of them have any close family members they became very close friends. They were each other’s emergency contacts, they spent holidays together and celebrated special occasions together. Most of their daily tasks were done together and they had planned to continue living together and buying a house in the future.

Martha was a victim of a violent assault and passed away from her injuries. The FAS considers Lucas to be a related victim as he had an intimate personal relationship with Martha.

✅ Eligible for the FAS as they were a close family member due to Aboriginal and Torres Strait Islander kinship systems

Example:

Despite not being biologically related, Bernie shared parental responsibility of Cody and his siblings as part of their Aboriginal kinship structure. From a young age, Cody referred to Bernie as his uncle and Bernie would look after Cody and his siblings on a regular basis, including taking Cody out on Country many times. When Cody was 16, Bernie was the victim of a violent assault and passed away from his injuries.

The FAS considers Cody to be a related victim as he was a close family member of Bernie due to their kinship structure, despite not being biologically related.

Footnotes

[11] Section 15 of the Act.

[12] See definition of ‘close family member’ at section 3 of the Act.

[13] Section 3(2) of the Act.

[14] See definition of ‘dependant’ at section 3 of the Act.

Updated

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