3.2 Out of time applications

The FAS can consider applications made outside of the normal time limits.^[1] Applicants applying for assistance outside of the relevant time limit must provide details in their application explaining why their application was made out of time. Evidence requirements are explained further below.

When deciding whether to accept an out of time application, the FAS must consider the reasons why the applicant made the application out of time. These reasons as outlined in the Act could be:

the age of the victim at the time of the violent act
whether the victim has an intellectual disability or a mental illness
whether the offender was in a position of power, influence or trust in relation to the victim
the physical or psychological effect of the violent act on the victim
whether the victim has or had a medical or psychological condition that affected their ability to apply for assistance
the 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 the victim is homeless or has experienced homelessness
the length of time taken to finalise any legal proceedings (such as criminal prosecutions) related to the violent act
whether the delay in making the application compromises the FAS’s ability to make a fair decision on the application, or
any other circumstances that are relevant to the application being made out of time.

For the FAS to consider an application out of time, an applicant must provide evidence or information that explains and shows the reasons for the delay.

✅ Eligible for the FAS

Example:

Patrick was the victim of an assault by a stranger on the street in 2022. Under the time limits of the FAS, Patrick had until 2025 to apply to the FAS as he is an adult, and the three-year time limit applies to his circumstances.

Patrick applies to the FAS for assistance in 2027, this is two years out of time. To support his application to the FAS, Patrick provides court documents showing that the criminal trial for the assault concluded in 2027 and a medical report showing recovery difficulties as his reasons for the delay in applying to the FAS.

Based on this evidence, the FAS extends the time for Patrick to apply.

❌ Not eligible for the FAS

Example:

Sammy was the victim of a robbery in 2024 when they were 30 years old and at the time they received legal advice about their options, including the available support they could access and when they would need to put in an application.

Sammy decided not to put in an application and moved overseas to live abroad for five years in order to be close to family.

When Sammy returned to Australia they decided to apply for assistance from the FAS, however their application was two years out of time. Sammy did not provide any reasons as to why they did not put in an application at the time so the FAS cannot extend the time for Sammy to apply for assistance.

Out of time applications - supporting evidence requirements
Mandatory evidence Applicants must provide information in their application form about the reasons for the delay in applying to the FAS. Additional evidence Applicants may want to consider providing additional documents supporting their out of time application. These documents could include: medical records report or letter by a medical practitioner report or letter by a mental health practitioner report or letter by a social worker or other support worker (for example, from an Orange Door or specialist sexual assault service) statutory declarations or letters from witnesses, family members, friends, colleagues, teachers and religious or cultural leaders who are aware of the violent act and its impact on the applicant and the delay in applying a statutory declaration signed by the victim explaining the reasons for the delay in applying court documents including judgements and sentencing remarks Family Violence Intervention Orders, Family Violence Safety Notices or Personal Safety Intervention Orders applied for by police explaining any delay in the arrest or prosecution of the offender statements made to police, or any other relevant document.

Out of time applications - supporting evidence requirements

Mandatory evidence

Applicants must provide information in their application form about the reasons for the delay in applying to the FAS.

Additional evidence

Applicants may want to consider providing additional documents supporting their out of time application. These documents could include:

medical records
report or letter by a medical practitioner
report or letter by a mental health practitioner
report or letter by a social worker or other support worker (for example, from an Orange Door or specialist sexual assault service)
statutory declarations or letters from witnesses, family members, friends, colleagues, teachers and religious or cultural leaders who are aware of the violent act and its impact on the applicant and the delay in applying
a statutory declaration signed by the victim explaining the reasons for the delay in applying
court documents including judgements and sentencing remarks
Family Violence Intervention Orders, Family Violence Safety Notices or Personal Safety Intervention Orders applied for by police explaining any delay in the arrest or prosecution of the offender
statements made to police, or
any other relevant document.

Footnotes

[1] Section 24 of the Act

Updated 16 October 2024