Collection of personal and health information under the Financial Assistance Scheme
In order to assess your application for financial assistance, the Department of Justice and Community Safety (the Department) and any contractor acting for the Department in relation to your application is collecting personal and health information about you.
Handling of your personal and health information
Your personal and health information will be handled in accordance with Victoria’s privacy laws. This includes:
- Privacy and Data Protection Act 2014 (Vic); and
- Health Records Act 2001 (Vic).
You may request personal and health information we hold about you by making a Freedom of Information request by visiting justice.vic.gov.au. Further details are also provided below (see ‘Privacy policy’).
Why is my information being collected?
The Department is collecting your personal information and health information (including psychological reports and medical assessments) for the purposes of administering the Victims of Crime (Financial Assistance Scheme) Act 2022 (Vic) (FAS Act).
This includes obtaining any other information or document that the Scheme Decision Maker considers necessary in order to make a decision in accordance with s 22(1)(c)(i) of the FAS Act.
Health information is collected to assess injury and the support that can be provided for medical costs or counselling expenses. Some demographic information may be collected to help improve the Financial Assistance Scheme (FAS).
The FAS may also collect information from you, with your consent, to make referrals to other support services.
Where will my information be collected from?
The Department will aim to collect your information from you through the application form. There is some information that will need to be collected and/or verified with other agencies.
Most importantly, we will collect information about you from Victoria Police to confirm that a police report has been made and to seek information about the violent act, the injury and your criminal history. Applications cannot progress unless this information can be obtained.
Applicants and authorised representatives are also asked to verify their identity through the Service Victoria portal using proof of identity. Service Victoria will notify the FAS once your identity has been confirmed, so your application can progress. This includes the provision of personal information by Service Victoria to the FAS.
The Department may also collect information it obtains from the agencies listed below (see ‘Who will my information be sought from and disclosed to').
Who will my information be sought from and disclosed to?
The Department and its agents may seek relevant information from and disclose relevant information to other departments, government bodies and agencies, health services and other entities as required. This assists the FAS to obtain information relevant to making a decision on your application and to facilitate payment and/or services under the FAS Act.
Information required for an application to proceed
It is the Department’s usual practice to disclose to, or seek relevant information from, the following agencies as the information is required for an application to proceed:
- Victoria Police to seek information about a violent act, the injury and your criminal history, which is needed for your application to proceed, or if there is an immediate concern for your safety. In some circumstances, the Department may request that Victoria Police conduct a National Police Check.
- the Victims of Crime Assistance Tribunal (VOCAT), including in instances where you have previously made an application to VOCAT and need to be paid an authorised future expense and/or are making a variation to your original application or when you are making a new application and to confirm whether you have previously received assistance from VOCAT for the same incident.
The Department may also be required to disclose to, or seek relevant information from, other third parties where information is missing from an application. This may be required in order for an application to proceed.
The third parties that the Department may disclose to, or seek relevant information from, includes, but is not limited to, the following:
- the Coroner’s Court, for example to provide a Coroner’s Report if this is required urgently and has not been published online
- the Magistrates’ Court of Victoria, County Court of Victoria and Supreme Court of Victoria, for example to provide copies of Family Violence Intervention Orders, Personal Safety Intervention Orders and other information about the status of criminal proceedings
- the Office of Public Prosecutions, for example to provide evidence relevant to whether a victim provided reasonable assistance to a prosecution
- other financial assistance schemes, including the Transport Accident Commission, WorkCover, insurance companies and the Restorative Engagement and Redress Scheme, to provide information relating to potential payments received by the applicant
- Births, Deaths and Marriages, to provide verification of birth and death certificates
- your health practitioners and/or service providers (for example, General Practitioner, counsellor, psychologist, treating hospital or specialist).
Information shared for a particular purpose
The Department may also disclose or share relevant information with other third parties, including (but not limited to):
- Funds in Court, to support the payment of funds to be held on trust for applicants under 18 years old or any person with legal disability, which may involve the disclosure of personal and health information to ensure funds are administered appropriately and in a manner that is sensitive to applicants’ circumstances
- the Victims of Crime Helpline, in instances where safety is concerned and there is a serious and immediate threat to oneself or others
- trusted contacts, in instances where you have consented to a trusted contact receiving communications from the FAS about your application
- the Victims of Crime Commissioner’s Office, in instances where you have made a complaint about the FAS.
Information may also be disclosed as permitted or required by another law or for the purpose of performing a prescribed function. This may include for the purposes of annual reporting (but only if the information does not identify you and is not likely to lead to the identification of any person).
FAS materials are also generally not admissible as evidence in legal proceedings. Information provided in an application for assistance, any supporting documents prepared solely for the purposes of the application, and any documents prepared by the Scheme Decision Maker or a member of staff in connection with the application (for example, statements of reasons) will not be admissible as evidence in any other legal proceedings.
There are however some exceptions under section 63(2) of the FAS Act, where documents may be admissible as evidence. This includes:
- in a proceeding for a review of a decision made under the FAS Act, if you are a party to that proceeding (s 63(2)(a) FAS Act), or
- in a proceeding for an offence against the FAS Act (s 63(2)(b) FAS Act), or
- in a proceeding for an offence of fraud (including conspiracy to commit, incitement to commit or attempting to commit any such offence), perjury or any other offence that involves an interference with the due administration of justice (ss 63(2)(c)-(d) FAS Act), or
- with the consent of the applicant (s 63(2)(e) FAS Act).
What happens if I do not provide any or part of the requested information?
Collection of this information may be required by the FAS Act to assess your application for financial assistance. If you do not provide any part or all of this information, your application for financial assistance may not be accepted or processed.
Applicants are responsible for ensuring that their information is up-to-date and correct. Please let us know if your contact details change.
Privacy policy
The Department’s policies for managing personal and health information are set out in its privacy policy, which is available from your nearest departmental office or at the Department’s website.
If you have any concerns or queries about how your personal or health information is handled, you should contact the Financial Assistance Scheme for assistance by submitting a complaint form on the FAS website, phoning the FAS General Helpline on 1800 161 136 or the FAS Marra Yattakunar Helpline on 1800 849 778, or sending a letter to the following address:
Financial Assistance Scheme
Department of Justice and Community Safety
PO Box 21060
Little Lonsdale Street VIC 8011.
You may request personal and health information we hold about you by making a Freedom of Information request by visiting justice.vic.gov.au.
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