Victims of upskirting, grooming and image-based abuse will be entitled to financial compensation under reforms introduced to Victoria’s parliament on Wednesday.
The Victims of Crime (Financial Assistance Scheme) Bill 2022 will introduce a new financial assistance scheme the state government says is built around the needs of victims and will minimise trauma. This will replace the Victims of Crime Assistance Tribunal (Vocat).
Under the new scheme, victims of crime will no longer have to apply to the tribunal to have their applications for financial compensation determined. They will also no longer be required to face their perpetrators or front a hearing to access compensation.
In an Australian first, victims will be given the opportunity to request a “recognition meeting” with a government representative to discuss the harm caused to them.
The meetings, carried out by a dedicated official, will address the trauma caused by the crime and include a personal apology on behalf of the state government.
Victim recognition statements, which acknowledge the effects of the crime, as well as a plain-language statement explaining the reasons for decisions, will also be made available on request.
The bill also removes the current practice of pooling financial assistance for bereaved families. This is intended to reduce trauma and conflict between family members, who will now be able to seek assistance for their individual needs.
Other features of the bill include the introduction of financial assistance for victims of crimes that are not currently covered by existing law, including sex offences such as upskirting, grooming and image-based abuse offences.
Eligibility has also been expanded to recognise Aboriginal kinship relations, LGBTQ+ “chosen families” and close extended family members, while children exposed to family violence will be considered victims in their own right.
The bill will also increase the time limit in which victim-survivors of sexual assault or family violence can make a claim from two years to 10 years and provides an oversight role for the victims of crime commissioner.
Several of the changes were recommended by the Victorian Law Reform Commission review conducted after the 2015 royal commission into family violence.
The minister for victim support, Natalie Hutchins, said the reforms, which are expected to come into effect in the second half of 2023, represent the most significant change for victims of crime in 50 years.
“For many victims, going to a court-based tribunal exacerbates their trauma and far too many victims give up or just do not apply for the help they need. We’re fixing that,” she said.
Fiona McCormack, the state’s victims of crime commissioner, welcomed the reform but urged the government to make improvements to Vocat in the interim.
“It is important government get these reforms right, but while that happens, many victims will still need to interact with the existing scheme administered by Vocat. I have heard from too many victims of crime that the current system is traumatic,” she said.
“Victims are dealing with the real-life consequences of Vocat delay – victims of crime are in dire financial circumstances following victimisation. These issues range from missing out on much needed psychological support because victims can’t afford a psychologist bill to experiencing homelessness.”
She said backlogs and delays needed to be immediately addressed and the consideration of a victim’s “character and behaviour” when determining compensation scrapped.
A wholesale review of the language and materials used to communicate with applicants, consistent with a trauma-informed and plain English approach, should also be carried out, she said.
Justice party MP Stuart Grimley said victims of crime need support throughout the whole criminal justice process and called on the government to provide them with independent legal representation.
“Police and prosecutors, they do a great job but essentially they represent the state. They represent the law and what we are hearing is and there’s no one that represents victims,” Grimley said.
“They’re not there by choice. We need to be doing all we can to make sure that they’re fully supported and protected through the whole process, not just when it comes to financial restitution.”
• If you or someone you know is impacted by sexual assault, domestic or family violence, call 1800RESPECT on 1800 737 732 or visit 1800RESPECT.org.au; International helplines can be found via www.befrienders.org.
