Page 207 - Week 01 - Thursday, 11 February 2016
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The bill provides a range of recognition payments for victims of sexual assault when circumstances of aggravation are included. Payments available are between $2,000 and $26,250 depending upon the type of offence and whether any circumstances of aggravation exist. While this is lower than the current payments for victims of sexual assault, the amounts for recognition payments remain substantially higher than corresponding amounts in similar schemes in New South Wales, Queensland and Victoria. Victims of sexual assault will retain eligibility for a maximum total of
$50,000 per applicant comprising payments for expenses and loss of wages in addition to recognition payments.
Changes to recognition payment amounts have been made to provide more equitable support to a broader range of victims of crime. As a more user friendly scheme, the new scheme meets a variety of needs of victims of sexual assault and other applicants. For example, the recognition payment amount a victim of sexual assault is eligible for is now closely defined by reference to the maximum penalty for the offence by which the applicant was injured. This allows the applicant to predict with greater certainty what the outcome will be and reduces the need for psychological reports detailing the extent of the applicant’s injury.
Decision-makers under the new scheme will rely on evidence from a variety of sources to be satisfied that an act of violence occurred, and which level of recognition payment applies, including reports from an applicant’s counsellor or psychologist. Psychological reports may be required to decide whether the recognition payment amount should be increased by a circumstance of aggravation relating to a very serious or permanent injury.
The new scheme recognises that some victims of sexual assault face significant barriers to reporting the offence to police and therefore do not receive assistance. A primary victim of a sexual offence will be eligible for immediate need payments and economic loss payments if they have not reported the offence to police. The applicant will be required to demonstrate that they have reported the offence to other professionals who provide support to victims of crime. Recognition payments are not available unless the offence has been reported to the police.
This will support the role of the police in the criminal justice system and ensure the scheme does not reinforce non-reporting. An individual victim of sexual assault will be able to access assistance to improve their immediate safety, pay medical bills and receive ongoing psychological support while considering reporting the offence.
All other victims of crime are required to report the offence to police unless an exception applies. The exception applies to special reporting class victims, who are known to be less likely to report to police, for example, because the primary victim was under the age of 18 years when the offence occurred, or is being intimidated by another person.
Under the new scheme, an applicant must make their application within three years from when the offence occurred or three years after the applicant turns 18. This is two years longer than the current requirement of 12 months. The new scheme also
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