24.2 Minor and substantive variations

A minor variation is a variation which gives effect to the original intention of the VOCAT award.

Minor variations help applicants respond to small changes in circumstances so they can access the assistance VOCAT wanted to provide.

A substantive variation is any other type of variation.

Substantive variations add extra assistance to an award by adding a completely new type of assistance.

Increasing the amount of assistance to cover an increase in fees or additional assistance for assistance already awarded.

Changing a service provider for assistance already awarded where a victim or a service provider’s circumstances have changed.

Seeking more of the same type of treatment (such as additional counselling for the same trauma).

Requesting a completely new type of assistance because of a change of circumstances.

Requesting further assistance where there is no link between the assistance already paid, and new assistance.

✅ Minor variation

Example:

VOCAT awarded Donna $1,500 for dental expenses to complete minor reconstructive surgery. After some time, it becomes clear that Donna’s surgery was not successful, and Donna’s dentist identifies further injuries that need attention at an estimated cost of $8,000.

Donna applies to the FAS for a variation of her VOCAT award for additional medical expenses of $8,000. Donna provides documents from her dental surgeon describing how the nature of her injury has changed but remains connected to the injury and provides a recommendation for further surgery. The FAS decides Donna’s variation application is minor, as the additional assistance is connected to the intention of the original assistance.

✅ Minor variation

Example:

VOCAT awarded Kaylin 10 counselling sessions and he elects to attend Caring Psychologists in Hawthorn. After attending two sessions, Kaylin’s psychologist informs him that the clinic is closing down and refers him to a new psychologist in Kew for the remaining eight sessions.

Kaylin applies to the FAS to vary his VOCAT award so he can attend the new psychologist. The FAS considers Kaylin’s variation application to be a minor variation, as Kaylin only requires the conditions of his VOCAT award to be amended.