VOCAT will provide information to the FAS about the original application and award, so applicants do not have to provide the same information again.
When considering a VOCAT variation application, the FAS will look at:
- the evidence that was originally given to VOCAT for the initial application or any variation applications
- the reasons for the original VOCAT award
- any new evidence that has become available since the VOCAT award was made or last varied
- any change of circumstances since the VOCAT award was made or last varied
- any other payments the applicant received related to the same injury
- what further assistance the applicant is applying for
- whether the applicant satisfies the requirements for that assistance type (which could include whether the assistance is reasonable)
- how the further assistance will continue to assist with the victim’s recovery from the violent act, and
- anything else the FAS considers relevant.
Applicants must provide the details listed above with their variation application so that the FAS can decide their application. If there is not enough information for the FAS to decide, the FAS will request further information from the applicant. This is likely to delay the FAS deciding and paying financial assistance.
Although an applicant can apply for new types of assistance (such as special financial assistance) as part of a variation application, the applicant must still show that there was fresh evidence or a change of circumstances since their last payment. The FAS does not consider a change in law to be a change of circumstances for variation applications.
If an applicant has applied for a minor VOCAT variation but the FAS considers that the application is substantive instead, the FAS will:
- notify the applicant that the FAS is considering making a decision that the VOCAT variation is substantive rather than minor
- invite the applicant to provide reasons why they believe it is a minor variation, and
- allow the applicant to choose to withdraw or proceed with their application.
If an applicant withdraws an application before the FAS makes a decision, they can apply for a substantive variation application again in the future.
If an applicant proceeds with an application, they can also provide further documentary evidence to support their application for a substantive VOCAT variation.
Updated