New laws introduced into Victorian parliament will transform the process for providing financial assistance to victims of crime and make it easier for people to get the support they need to recover.
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Ballarat lawyers and support workers heard details of the victims of crime reform during a session on Monday morning with Minister for Victim Support Natalie Hutchins and Wendouree MP Juliana Addison.
"This is a significant piece of legislative change," Ms Hutchins said in Ballarat on Monday.
"This is about making sure we put victims at the centre of a scheme that can be responsive, that can be much quicker but also acknowledge what victims have been through.
"We heard pretty loudly from victims and some sobering accounts of not feeling listen to in the justice system and not feeling responded to by the system and they are things we really want to change."
The Victims of Crime (Financial Assistance Scheme) Bill 2022 will see the Victims of Crime Assistance Tribunal (VOCAT) replaced with an administrative Financial Assistance Scheme.
The scheme is built around the needs of victims and aims to minimise trauma, representing the most significant change for victims of crime in 50 years, according to Ms Hutchins.
She said the government heard 'disturbing' stories around re-traumatisation of victims of crime going through the justice system and expertise advice had helped guide an overhaul of the system.
This is a significant piece of legislative change.
- Natalie Hutchins, Minister for Victim Support
The reforms will remove the need for a hearing in a courtroom and victims potentially facing perpetrators throughout the process and will be less legalistic, making it more accessible without a lawyer.
Principal lawyer at Fortitude Legal in Ballarat Cameron Cowan said many victims chose not to go through the current VOCAT process because it was too difficult, so the changes were welcome.
"The more simplistic and straightforward the system is, the more easy and likely it will be for them to access that system. It appears that step has been taken," he said.
"It is a good positive start. One of the things that is going to happen is the tribunal no longer needs to notify the offender of claims which can cause a great deal of concern for victims.
"There are some increases in terms of compensation which I think is a positive step as well.
"It all comes down to the implementation of the legislation. It is important victims understand they have rights and they have access to the system and are able to obtain support from an advocate such as a lawyer."
Victims of acts of violence will be able to apply for assistance to cover the costs of counselling, medical appointments, loss of earnings and funeral expenses under the Financial Assistance Scheme.
Caps of $60,000 will be in place for primary victims and $50,000 for secondary victims, with expanded time limits to three years, up from the current two years, and 10 years for family violence and sexual offences.
Children will be considered primary victims of violence, which is not currently the case.
Forty Four Degrees law firm partner Leila Chalk said she saw this as the most important change because hopefully it would mean children were able to access support earlier.
"At the moment it is really hard to see a child psychologist," she said.
"We know family violence affects them and we know parents struggle in obtaining counselling help for their children because of how busy the system is and there is also the cost factor," she said.
"That is what I am hoping to see from a more robust victims of crime support system."
Under the scheme, the eligible offences will be expanded to include more sexual offences like upskirting, grooming and image-based sexual offences, which is currently not covered by existing law
The pooling of financial assistance for relatives of victims of homicide has been removed meaning family members no longer have to share from one pool of funds and can apply as individuals.
Victims will receive statements acknowledging the impact of crime and a message of condolence from the state.
This is a new element introduced in response to victim comments that they wanted to hear the system understood the impact of crime on them as an individual.
They will also be able to request a recognition meeting with a scheme decision maker to talk about the harm they have experienced.
The new scheme will prevent victims being cross examined about their examination and they will be able to publicly identify themselves as a victim.
The Victims of Crime (Financial Assistance Scheme) Bill 2022 is set to be debated in the Legislative Council in the coming weeks after passing through the Legislative Assembly on Thursday.
The reforms come after the Victorian Law Reform Commission completed a review of the Victims of Crime Assistance Act 1996 and the first dedicated Minister for Victim Support was appointed in 2018.
Amendments already in place include removing the need to notified perpetrators of a victim support application and investment in more VOCAT workers to address the current backlog.
The Financial Assistance Scheme is set to commence operation in the second half of 2023 and will operate in parallel with VOCAT until all VOCAT applications are finalised.
Wendouree MP said these important changes will ensure victim survivors in the Ballarat community receive the support and acknowledgement they deserve.
Ms Hutchins said she would take on board any feedback provided at the Ballarat session on Monday and raise any concerns ahead of debate in the upper house.
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