If a violent act has not been reported to police, the applicant must show that they have ‘special circumstances’ for not reporting before the FAS can consider the application.[4] Evidence requirements for special circumstances are explained further below.
‘Special circumstances’ are not defined in the Act but means something ‘out of the ordinary.’ To decide this the FAS will look at factors such as:
- the victim’s reasons for not reporting the violent act which may include a:
- sense of shame, distress or trauma
- fear of retaliation or further violence from the offender or their family, friend or associates
- fear of criminalisation, or
- fear of not being believed, fear of being blamed or a mistrust of authorities
- the victim’s personal circumstances
- whether the victim reasonably thought that reporting to police would likely cause them harm
- the nature and dynamic of the offending, such as whether the offender was in a position of power, trust and influence over the victim, or
- whether the victim was a child at the time of the violent act.
The FAS will consider all of the reasons provided as to why a violent act was not reported to police. There may be a wide range of reasons and applicants should provide as much detail as possible in their application.
✅ Eligible for the FAS Example: Jemima is a victim of family violence and was assaulted by her ex-husband from 2012 until 2016. Her ex-husband was threatening and controlling. In 2024, with support and encouragement from her support worker, Jemima applied to the FAS for assistance to help in her recovery journey. Jemima details in her application that she did not report her ex-husband’s violent acts against her as she lived in constant fear of her ex-husband, who was in a position of power over her throughout the entire marriage. Jemima provides a statutory declaration, medical records showing multiple hospital attendances for injuries and a letter from a support worker confirming Jemima’s experience. Based on the information Jemima provided, the FAS is satisfied that Jemima has special circumstances for not reporting and is eligible for assistance. |
❌ Not eligible for the FAS Example: Deborah experienced a robbery while heading home from grocery shopping where the offender stole her shopping bag, pushed her and verbally threatened to punch her. Deborah did not want to report the robbery to police at the time but told her friend about the incident. A year later she moved interstate for work. Five years after the robbery, Deborah decided to move back to Victoria and wanted to apply to the FAS but she did not have a reason to explain why she did not report the robbery to police at the time. The FAS considers Deborah’s application and decides that there were no special circumstances to explain why Deborah did not report the violent act to police. |
✅ Eligible for the FAS Example: As a young adult Eli was assaulted by a close family friend. Eli did not report the assault to either her family or the police at the time for fear of the offender and that it would impact her safety and relationship with her family. After acknowledging her mental health was suffering and being encouraged by a friend, she went to get some counselling. With help from her counsellor, Eli developed the courage to apply to the FAS. Due to her fear of the offender, the impact on her family relationships and shame she felt at the time of the incident, the FAS accepted that Eli had special circumstances for not reporting to police. |
Special circumstances for not reporting – supporting evidence requirements |
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Applicants must provide a statutory declaration explaining the circumstances of the violent act and the reasons for not reporting it to police. Applicants may want to consider providing additional documents supporting why they did not report to police. These documents could include:
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Footnotes
[4] Section 31(2)(a) of the Act
Updated