A violent act must be reported to the police within a reasonable time. There is no specific time frame for reporting a violent act set by the Act. What is a ‘reasonable time’ to report will depend on the circumstances of the violent act and the victim.
The FAS will consider the victim’s circumstances when deciding whether a violent act was reported to police within a ‘reasonable time’ including the following factors outlined in the Act:[3]
- the victim’s age
- whether the victim has an intellectual disability or mental illness
- whether the offender was in a position of power, influence or trust
- whether the victim was threatened or intimidated by the offender
- the nature of the victim’s injuries
- whether the victim is homeless or has experienced homelessness
- whether the victim had a medical or psychological condition affecting their ability to report to police
- nature, dynamics and circumstances of the violent act, including whether it occurred in the context of a pattern of abuse, family violence or sexual offences
- whether there was a significant delay between when a violent act occurred and when it was reported to police, and
- any other factors which may impact the time it took the victim to report to the police, including cultural reasons, concerns over not being believed, fear of reaction from the offender of the violent act, a fear of shame or stigma or previous trauma from interactions with the criminal justice system.
✅ Eligible for the FAS Example: Lesley was 10 years old when they were sexually assaulted by a teacher. Lesley disclosed the assault to family at the time but was told not to report to police. After accessing counselling support at 23 years old, Lesley decided to report the assault to police. Lesley applied to the FAS and explained in their application why it took them so long to report the violent act. The FAS accepted that Lesley had reported to police within a ‘reasonable time’ given their age at the time of the violent act, that it was a sexual offence and the position of power the offender had over Lesley at the time the offences occurred. |
❌ Not eligible for the FAS Example: Jason was assaulted several years ago by a stranger when he was walking home. He recently decided to report his crime to the police so he could apply to the FAS. He could only provide the police with limited details about the incident given the time that had passed. The FAS did not accept that Jason had reported to police within a ‘reasonable time’. |
Footnotes
[3] Section 32 of the Act.
Updated