Although the Financial Assistance Scheme (FAS) is designed to be accessible for all victims, you may want a lawyer to assist you. You can choose to be represented by a lawyer or be assisted by any other person. If you choose to have a lawyer or another person assist you, they will be your authorised representative.
The Victims Legal Service (VLS) provides a range of legal support and services to people affected by crime.
If you or someone you are supporting needs help, you can call the Victims Legal Service Helpline on 1800 531 566 from 9am - 5pm, Monday to Friday.
For more information visit Victims Legal Service.
To appoint a lawyer as your authorised representative, you will need to complete the client authorisation form:
A legal practitioner (or other person) is not allowed to charge any costs for representing or assisting you.
The FAS can however pay reasonable legal costs (or other costs associated with your application) to a legal practitioner or other person for assisting with your application. These reasonable legal costs are in addition to the financial assistance available to you.
For the FAS to pay legal costs, lawyers must:
- have been listed as the victim’s Authorised Representative
- have a practising certificate at the time of assisting the victim with their application, and
- provide reasons in their request for legal costs explaining why the application should be considered complex.
The FAS will consider the lawyer’s explanation and information on the victim’s application when deciding whether an application is complex.
A lawyer must not:
- charge or recover from an applicant any legal costs incurred for representing or assisting the applicant to apply for the FAS, unless otherwise allowed by the FAS
- claim a lien over any amount of assistance grant to the applicant
- withhold any legal or other costs or amounts from any amount of assistance granted to an applicant.
The FAS will not pay legal costs if an application:
- is frivolous or vexatious
- is an abuse of process, or
- does not, on the factual and legal material available to the lawyer at the time of filing the application, have any reasonable prospects of success.
Updated