4.4 Other reasons the FAS must refuse an application

Apart from the police reporting requirement, the FAS must also refuse an application if the victim failed to provide reasonable assistance to any organisation with responsibilities for investigating, arresting, or prosecuting the offender. This includes Victoria Police and the Office of Public Prosecutions.

This requirement does not apply to victims who did not report the violent act to police as there will be no investigation in this circumstance.

The FAS will not refuse an application if it is satisfied that the victim had ‘special circumstances’ for not assisting authorities.

Applicants do not have to provide information or evidence with their application showing that they assisted authorities. If the FAS has information suggesting that the victim did not assist authorities, the FAS may contact the victim to request further information. The FAS will only consider refusing an application on this basis if:

• there is evidence that the victim obstructed or hindered an investigation, arrest or prosecution, and
• the victim’s conduct was prejudicial to the criminal investigation or prosecution.

The FAS will also refuse an application for assistance if the FAS is satisfied that the:

• application was made in collusion with the offender or was made fraudulently which is an offence under the Act^[5]
• victim was criminally responsible for the violent act, or
• victim has previously applied for assistance in relation to the same violent act.^[6]

Before refusing an application, the FAS will notify the applicant of this and provide the applicant with an opportunity to provide further information or explanation.