16.1.2 Moving to a higher category

In some circumstances, victims may be eligible for a higher category of assistance. For example, in some situations, a violent act which is normally a category D violent act may be moved into category C because of the circumstances.

The circumstances in which an application can be moved into a higher category are:

Moved into category	Circumstances
A	A category B, C or D violent act can be moved into category A where, as a direct result of the violent act, the victim: suffered a very serious physical injury, or is the victim of related acts that are acts of sexual assault. Very serious physical injury means actual physical bodily harm that is permanent or of long-term duration and involves: loss of a bodily function disfigurement of a part of the body total or partial loss of a part of the body loss of a foetus loss of fertility, or infection with a life-threatening disease. Category B violent acts which were related and occurred in the context of a pattern of family violence can also be moved into category A.
B	A category C or D violent act can be moved into category B where the victim was a child, elderly or had impaired mental functioning and, as a direct result of the violent act, the victim suffered: a serious injury related acts, or a deprivation of their liberty. Serious injury in the context of special financial assistance means an injury (including the cumulative effect of more than one injury) that endangers life or is substantial and protracted. Category C violent acts which were related and occurred in the context of a pattern of family violence can also be uplifted into category B.
C	A category D violent act can be moved into to category C where there are related acts and the: victim was a child, elderly or had impaired mental functioning, or the related acts occurred in the context of a pattern of family violence. For the purposes of category C, elderly means in relation to an Aboriginal person, 55 years of age or older, and in relation to any other person, 65 years of age or older. For the purposes of category C, impaired mental functioning means: a mental illness within the meaning of the Mental Health and Wellbeing Act 2022 an intellectual disability within the meaning of the Disability Act 2006 an acquired brain injury an autism spectrum disorder, or a neurological impairment, including but not limited to dementia.

Moved into category

Circumstances

A category B, C or D violent act can be moved into category A where, as a direct result of the violent act, the victim:

suffered a very serious physical injury, or
is the victim of related acts that are acts of sexual assault.

Very serious physical injury means actual physical bodily harm that is permanent or of long-term duration and involves:

loss of a bodily function
disfigurement of a part of the body
total or partial loss of a part of the body
loss of a foetus
loss of fertility, or
infection with a life-threatening disease.

Category B violent acts which were related and occurred in the context of a pattern of family violence can also be moved into category A.

A category C or D violent act can be moved into category B where the victim was a child, elderly or had impaired mental functioning and, as a direct result of the violent act, the victim suffered:

a serious injury
related acts, or
a deprivation of their liberty.

Serious injury in the context of special financial assistance means an injury (including the cumulative effect of more than one injury) that endangers life or is substantial and protracted.

Category C violent acts which were related and occurred in the context of a pattern of family violence can also be uplifted into category B.

A category D violent act can be moved into to category C where there are related acts and the:

victim was a child, elderly or had impaired mental functioning, or
the related acts occurred in the context of a pattern of family violence.

For the purposes of category C, elderly means in relation to an Aboriginal person, 55 years of age or older, and in relation to any other person, 65 years of age or older.

For the purposes of category C, impaired mental functioning means:

a mental illness within the meaning of the Mental Health and Wellbeing Act 2022
an intellectual disability within the meaning of the Disability Act 2006
an acquired brain injury
an autism spectrum disorder, or
a neurological impairment, including but not limited to dementia.

Special financial assistance – supporting evidence requirements
Additional evidence Applicants may want to consider providing additional documents to support their application for the purposes of moving into a higher category of special financial assistance. This could include evidence of: impaired mental functioning a serious injury, or a very serious physical injury. Evidence listed in other sections of the guidelines, such as for medical or recovery expenses, can be used as evidence for moving into a higher category of special financial assistance.

Special financial assistance – supporting evidence requirements

Additional evidence

Applicants may want to consider providing additional documents to support their application for the purposes of moving into a higher category of special financial assistance. This could include evidence of:

impaired mental functioning
a serious injury, or
a very serious physical injury.

Evidence listed in other sections of the guidelines, such as for medical or recovery expenses, can be used as evidence for moving into a higher category of special financial assistance.

Updated 17 October 2024