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Compensation & financial assistance

If you are a victim of crime, you may be able to get compensation and financial help. In Victoria, there are three main ways of doing this. You can apply for financial assistance through the Victims of Crime Assistance Tribunal (link below). You may also seek compensation from the offender of the crime, or through civil court action.

Victims of Crime Assistance Tribunal

If you are victim of crime you may be eligible for financial assistance from Victims of Crime Assistance Tribunal (VOCAT) to help you recover from the effects of the crime.

To be eligible to apply for financial assistance from VOCAT:

  • you must be a victim of a crime that caused injury or loss. You must be able to show the link between the crime and the injury. Injury means actual physical bodily harm or mental impairment or emotional disorder
  • the crime must have been reported to police within a reasonable time. The police do not need to arrest anyone, or lay any charges, but they must be satisfied that a crime has taken place
  • the crime must have occurred within the last two years (except in the case of certain childhood sexual crimes), although it may be possible to gain an extension of this time from VOCAT.

You can apply to the Tribunal even if the crime was committed by your partner or family member.

The amount of assistance you can get depends on whether you are:

  • a ‘primary victim’ – the person injured in the crime
  • a ‘secondary victim’ –  someone who witnessed a crime or is a parent of a child victim
  • a ‘related victim’ – a relative or dependant of someone who has died as a result of the act of violence.

If you are a primary victim you may get up to $60,000. This could include counselling, medical, and other expenses that may help you recover. You could also receive up to $20,000 for any lost income within two years of the crime taking place.

If you are a secondary victim you may get up to $50,000. Compensation is available for lost earnings in exceptional circumstances.

If you are a related victim, up to $100,000 is available to be shared between all related victims.

Application forms are available on the VOCAT website (link below).

VOCAT will usually pay for your lawyer’s fees, even if they refuse your application. This is at VOCAT’s discretion.

Compensation through the courts

If you are victim of crime, you can get a court order for compensation if the offender is found guilty of the offence. You must apply within 12 months of the court’s decision.

You can apply to the sentencing judge to get compensation for any pain and suffering you have experienced as a result of the crime... Discuss the details of your claim with a lawyer as early as possible.

If the judge makes an order for compensation, the offender is responsible for paying it. If the offender has no assets, it may be difficult to get any payment. The court will take the offender’s financial circumstances into consideration when making the order.

Sue for damages

You may also be able to take the offender to the civil courts to get compensation for the injury you have suffered. You can include the loss, destruction or damage of your property in your claim. Your success will depend on whether the offender has any assets. Get legal advice.

More information

Related publications

Sexual assault: the law, your rights as a victim

Related websites

Victims of Crime Assistance Tribunal (new window)

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

VLA’s other free legal services include:

  • advice at VLA offices and other locations across Victoria
  • lawyers who are on ‘duty’ to help at many courts and tribunals.

For some civil matters we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.

Who else can help?

Your local community legal centre (CLC) can give you legal information and advice. Most CLC services are free. See the Community Law website (new window) for more information and CLC contact details.

The Law Institute of Victoria's (LIV) legal referral service (new window) can put you in touch with a solicitor. With a LIV referral letter, participating law firms will see clients free of charge for up to the first 30 minutes.