A variation application is a request to change an award of assistance made by Victims of Crime Assistance Tribunal (VOCAT). VOCAT can no longer accept any new variation applications and all new variation applications must be decided by the FAS.[46]
The FAS can vary a VOCAT award for many reasons, this could be because the victim needs:
- to change the conditions of the assistance, such as needing to attend a new psychologist or counsellor
- to change the amount of assistance, such as needing an increase in assistance to cover an increase in a service provider’s costs
- a new type of assistance, such as where a victim’s needs or circumstances have changed, and they now need different or additional assistance.
These examples are not a complete list, and the FAS can vary VOCAT awards for many different reasons to respond to victims’ needs.
The FAS can pay assistance up to an applicant’s maximum assistance cap, which is $60,000 for primary victims and $50,000 for secondary victims.
The maximum amount of assistance a related victim can receive from the FAS is $50,000, as the maximum amount of the VOCAT related victim pool no longer applies.
For the FAS to vary a VOCAT award, an applicant must:
- already have an award from VOCAT
- submit their variation application to the FAS within the relevant time limits
- have fresh evidence or changed circumstances since VOCAT last paid assistance, and
- explain what the further assistance is and how it will assist in their recovery from the violent act.
If VOCAT has already refused the applicant’s variation application, the applicant must show that their circumstances have changed before the FAS can reconsider their variation application.[47]
Footnotes
[46] Section 74(1) of the Act.
[47] Section 31(1)(c) of the Act.
Updated