VICTIMS OF CRIME ASSISTANCE TRIBUNAL Annual Report

Transcription

1 VICTIMS OF CRIME ASSISTANCE TRIBUNAL Annual Report

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3 Contents Letter to Minister... 2 Chief Magistrate s Message... 3 About VOCAT... 4 Supporting Victims of Crime... 6 The Tribunal Year in Review...12 Managing VOCAT Our Statistical Report Our Financial Report Our Directory of Tribunal Members & Judicial Registrars Our Locations... 45

4 Letter to Minister 30 September 2013 The Honourable Robert Clark MP Attorney-General 121 Exhibition Street Melbourne Vic 3000 Dear Attorney-General, In accordance with the requirements of section 68 of the Victims of Crime Assistance Act 1996, I am pleased to present the annual report of the Victims of Crime Assistance Tribunal for the year ending 30 June The report sets out the performance of the Tribunal s functions, powers and duties during the year under review. Yours sincerely, Peter Lauritsen Chief Magistrate 2 Victims of Crime Assistance Tribunal Annual Report

5 Chief Magistrate s Message CHIEF MAGISTRATE PETER LAURITSEN It is now 40 years since the commencement of governmentfunded assistance for victims of crime in Victoria. The Crimes Compensation Tribunal commenced operations in March It was replaced by the Victims of Crime Assistance Tribunal (VOCAT) in June VOCAT is not the only source of assistance for victims of crime. Some will pursue other entitlements such as compensation orders under the Sentencing Act 1991, applications to the Transport Accident Commission or under the Accident Compensation Act 1985 or claims for damages. However, for many victims, VOCAT is the only avenue of assistance for payment of medical, counselling and other expenses to assist recovery. This is because many offenders are impecunious, some are never caught and some intimidate their victims to such an extent that the process of obtaining compensation is too traumatic. For many victims of crime, VOCAT is the only forum where they can have their say about the impact of violent crime and receive acknowledgement of their loss and suffering. VOCAT is proud to be a part of a forty-year history of providing this valuable service to the citizens of Victoria. This year the Tribunal finalised 6,894 applications for assistance the highest number ever in a single year. There was a slight decrease in the number of applications received 5,863 this year, compared to 6,163 applications in the last reporting period. The number of pending applications on 30 June 2013 also decreased to 6,370 compared with 6,957 in the previous year. No doubt, the increased finalisations and reduction in the number of pending applications are partly attributable to the reduced number of applications received, but I believe the Tribunal s continued attention to improving its efficiency, also influences these outcomes. Improved efficiencies have included the increased use of judicial registrars to deal with many of the less complex applications, of registrars making interim awards and improved case management procedures. While the number of applications has decreased slightly in the last two years, I do not anticipate this trend will continue. Application numbers were increasing until the 2011 financial year partly, I think, because of increased reporting and policing of family violence offending and major incidents such as the Victorian bushfires. In the financial year, factors such as continuing media attention to victims of crime, additional funding for the Victims Assistance and Counselling Programs and the expansion of the Victoria Police SupportLink Project are likely to increase the number of VOCAT applications. This year, the Tribunal awarded financial assistance of $43.7 million to victims of crime. If legal costs are included, the amount was $49.1 million compared to $47.8 million in the financial year, an increase of 2.8 per cent. The average amount of financial assistance awarded to each applicant was $7,763. The average amount of special financial assistance was $3,194. I would like to express my appreciation of VOCAT s registry staff. They hold unique positions in the Magistrates Court because they closely manage VOCAT applications gathering information to ensure Tribunal members have the evidence they need to make timely decisions about victims entitlements. The volume of work is high and they have frequent direct contact with victims of crime through phone conversations and correspondence. A professional and empathic approach is essential because many of the victims they speak to are traumatised by their experiences of violent crime. The Tribunal values their contribution. I also express my thanks to the senior registrars, judicial registrars and magistrates who participate in the VOCAT Coordinating Committee for their leadership and dedication. In particular, I thank Amanda Chambers, Andrew Capell and Catherine Lamble for their hard work as Supervising Magistrates and Melanie Quinn, who stepped into the role of Acting Principal Registrar during the last financial year. Victims of Crime Assistance Tribunal Annual Report

6 ABOUT VOCAT About VOCAT The Victims of Crime Assistance Tribunal (VOCAT) is an integral part of Victoria s criminal justice system. By providing assistance to help victims recover and a forum in which they can fully express their experiences of violence we acknowledge the effects of violent crime on our community. Who we are VOCAT is now in its 16th year of operation and was established by the Victims of Crime Assistance Act 1996 (the Act). We are located within the Magistrates Court of Victoria and operate at all 54 Court venues across the state. Each of the Court s 115 magistrates and 12 reserve magistrates, including the Chief Magistrate, are also Tribunal members. VOCAT is unique in being an administrative tribunal within the Court, constituted by members who are also magistrates of the Court. This means victims of crime gain acknowledgement of their experiences by a judicial officer in the criminal justice system, but in the more flexible, informal and intimate manner afforded by an administrative tribunal. The Chief Magistrate is responsible for the arrangement of VOCAT s business, and appoints Supervising Magistrates to support VOCAT s effective operation. Since January 2013, Catherine Lamble and Andrew Capell have jointly supervised the Tribunal. Supervising Magistrates encourage best practice across the regions, and are responsible for liaising with the magistracy, staff and community in relation to issues relevant to VOCAT. They provide feedback and make recommendations to improve the procedural framework VOCAT operates within. Additionally, they have input into developments within the wider justice system that may affect victims of crime. VOCAT has a Coordinating Committee that supports the Supervising Magistrates to carry out these duties. The Chief Magistrate has delegated certain powers under the Act to judicial registrars, VOCAT s Principal Registrar and other registrars. What we do VOCAT supports victims to recover from violent crimes committed in Victoria. We acknowledge their pain and suffering, and provide assistance to help meet the costs of their recovery. VOCAT determines who is eligible to receive financial assistance in accordance with the Act. We can make awards to cover: funeral expenses the reasonable costs of counselling medical and safety-related expenses loss of or damage to clothing worn at the time of the crime loss of earnings and (in exceptional circumstances) other expenses that will assist a victim. VOCAT also has the power to make lump sum payments to certain victims of crime. These payments are offered as symbolic expressions of our community s recognition of and empathy towards victims and their distress. In the last 16 years, VOCAT has received 68,636 applications for financial assistance, and awarded $551 million to victims of crime. This has included 54,830 awards of financial assistance, and thousands of awards of interim financial assistance. Applications to VOCAT have increased almost every year. There were just over 1,000 applications in , while almost 6,000 applications were received in the current reporting period. 4 Victims of Crime Assistance Tribunal Annual Report

7 ABOUT VOCAT Supervising Magistrate Andrew Capell: A Greater Voice This year has marked the 40th anniversary of the first legislation in Victoria, which specifically recognised victims of crime namely the Criminal Injuries Compensation Act 1972 which came into operation on 27th March In reflecting upon this milestone I decided to look at the Parliamentary debates preceding the introduction of the Criminal Injuries Compensation Act 1972, the Criminal Injuries Compensation Act 1983, the Sentencing (Victim Impact Statement) Act 1994, the Victims of Crime Assistance Act 1996, the Victims of Crime (Amendment) Act 2000 and the Victims Charter Act From humble beginnings in 1973, recognition of the victim in the criminal justice process has come a long way. In 2013, the focus of the Victims of Crime Assistance Act 1996 remains on providing assistance to victims to assist in their recovery from the effects of violent crime and a recognition, by the State, of their experiences. When one looks at the development of victim impact statements, they too have fulfilled the same purpose. One of the benefits identified by their introduction was the therapeutic benefit namely the empowerment of the victim and aiding the healing process. Just as the victim impact statement has given the victim the opportunity to be heard on the question of sentencing, so too has the Crimes Compensation Tribunal and now Victims of Crime Assistance Tribunal, given the victim the opportunity to have a voice. In the Parliamentary debates on the introduction of victim impact statements in April 1994, the then member for Bayswater, Mr Ashley, stated the effect of victim impact statements is to redefine the victim as the subject of a crime, not the object of it: as living flesh, as a person, as a human being with feelings and emotions, a person who has been hurt and has suffered pain and suffering. These sentiments could equally be applied to the role and purpose of the Victims of Crime Assistance Tribunal. For over twenty years now magistrates have heard applications made by victims of crime in the Crimes Compensation Tribunal and now the Victims of Crime Assistance Tribunal. Those magistrates have also, contemporaneously, sat in the criminal jurisdiction of the Magistrates Court. Judges of the Supreme and County Courts have had the benefit of victim impact statements since 31 st May Despite the occasional protestation that judicial officers are out of touch with what people in the community really feel, judicial officers across all criminal jurisdictions are confronted daily with the very matters referred to by Mr Ashley in 1994 and obliged by law to take into account, in sentencing, the impact of the offence on any victim of crime. That is not to say that the system is perfect but hark back to 1972 and you would have to say that victims have a much greater voice whilst the accused have not lost their right to a balanced and fair criminal process. How much has changed in community attitudes, policing and recognition of victims is perhaps best exemplified in the debate over the Criminal Injuries Compensation Bill 1972 when it was determined that it would be inappropriate for domestic partners to be entitled to compensation. Mr Maclellan, the then Member for Gippsland West, stated, it is uncomfortable enough when members of the police force are asked to attend a household to quieten things down. All honourable members are glad that charges rarely arise from such situations usually only minor charges arise from domestic brawls. In 1972, it was deemed inappropriate for victims of domestic violence to receive compensation. In 2013, victims of domestic violence are regularly recognised by virtue of awards for special financial assistance, medical and psychological treatment, safety related expenses and other assistance to assist in recovery from acts of violence. A lot has changed for victims in forty years. As judicial officers, Tribunal members and as a community I believe we are far more aware of the consequences of crime on individuals than our counterparts in Victims of Crime Assistance Tribunal Annual Report

8 SUPPORTING VICTIMS OF CRIME Supporting Victims of Crime Before they seek VOCAT s assistance, victims may have spent months, or even years, dealing with the after-effects of violent crime. Apart from crime s obvious physical or psychological impacts, the process of helping police with investigations, being a witness in court, and trying to get their lives back on track can also affect victims health and wellbeing. VOCAT can help to validate their experiences and restore a sense of dignity, while providing financial help to assist a victim s recovery. Accessing VOCAT VOCAT has strong links with the Victims Support Agency (VSA), Victims Helpline and the statewide network of victim support services and programs. Many victims of crime learn about VOCAT either from the Victims Helpline, the police, Victims Assistance and Counselling Program, or other victim support services. These services can support victims through the process of applying to VOCAT for financial assistance. Victims can also receive assistance from lawyers. Who can apply? VOCAT can award financial assistance to primary, secondary, and related victims, or anyone else who must pay funeral expenses for a person who died as the result of a violent crime. A primary victim is a person who is injured or dies as a direct result of a violent crime, or a person who is injured or dies trying to assist a victim of a violent crime or trying to prevent a violent crime. A secondary victim is a person who is injured as a result of: being present at and witnessing a violent crime or being a parent or guardian of a child who is a primary victim. Where a primary victim has died, a related victim is a person who was at the time of the crime: a close family member of the victim in an intimate personal relationship with the victim or a dependent of the victim. An injury can be physical or psychological, and includes pregnancy or the exacerbation of a pre-existing psychological illness/ disorder. It does not include an injury resulting from property loss or damage. The application process It is free to apply to VOCAT. All applicants must, however, complete and lodge an Application for Assistance form, available at or from any Magistrates Court venue in Victoria. Applicants can usually lodge forms at the Court venue closest to where they live, however, applications must be lodged at the Melbourne Magistrates Court if: they relate to the death of a person the applicant lives outside Victoria or the applicant identifies as Aboriginal or Torres Strait Islander (for inclusion in the Koori VOCAT List). Applications must generally be lodged within two years of the crime, however in some circumstances VOCAT can extend this timeframe. In making this decision, VOCAT will consider issues such as the applicant s age at the time of the crime, their mental health, and whether the person who committed the crime was in a position of power, influence or trust in relation to the applicant. 6 Victims of Crime Assistance Tribunal Annual Report

9 SUPPORTING VICTIMS OF CRIME For many victims of crime, VOCAT is the only forum where they can have their say about the impact of violent crime and receive acknowledgement of their loss and suffering. CHIEF MAGISTRATE PETER LAURITSEN Most applicants are legally represented and the Victims Assistance and Counselling Program or Law Institute of Victoria can help applicants find lawyers to assist with their applications. VOCAT usually covers the reasonable cost of the lawyer s fees, and lawyers cannot bill clients for a VOCAT application without VOCAT s approval. What happens after an application is lodged? VOCAT has investigative powers to help make its decisions. Once an application is lodged, we ask Victoria Police for information to help determine whether a crime occurred, and whether the applicant is a victim of that crime. We also obtain from police the criminal history of the alleged offender and of the victim. In many cases police can also provide information about a victim s injuries. The Tribunal can also obtain information from hospitals where the victim was treated. We ask applicants to provide all the documents they will rely upon to support their claims, for example, if authorised, reports from treating health professionals and psychologists. Applicants have four months to provide this information, however they can request further time, if needed. We provide every opportunity for applicants to file supporting documents, but if we do not receive them, the claim can be struck out. Applicants can ask to have claims reinstated if they subsequently provide supporting documents. We may ask an applicant or, more usually, their lawyer to attend directions hearings to decide any preliminary questions, provide guidance about preparation of the application and help manage applicants expectations. This can assist us to make decisions more quickly without creating additional stress for applicants. How long before a result? The Act and general rules of procedural fairness mean VOCAT is required to have regard to matters that can impact on the time it takes to finalise an application. These may include: awaiting the outcome of a criminal investigation, trial or inquest the need for further enquiries or, in some cases, for the alleged offender be notified of the application waiting for an injury to stabilise so an accurate prognosis can be provided and in related victim applications, identifying and communicating with all potential related victims of the deceased to advise them of their rights in relation to VOCAT. Applicants can request that VOCAT determine their application with or without the need to appear at a hearing. Many straightforward applications are decided without the need for a hearing, which is the best way to ensure victims receive the assistance they need without unnecessary delay. Sometimes, a hearing is necessary. If a hearing takes place it is usually within six weeks of a VOCAT member deciding to conduct it. If an applicant asks for a hearing, it generally happens within six to ten weeks of the applicant filing all supporting material. Applicants who need urgent assistance (e.g. for counselling, funeral or safety related expenses) can seek an interim award of financial assistance. If awarded, this can be paid to them before VOCAT makes a final decision on the merits of their application. Victims of Crime Assistance Tribunal Annual Report

10 SUPPORTING VICTIMS OF CRIME The hearing process Our intention is to create a sympathetic and compassionate forum for applicants to relate their experiences as victims of crime. The hearing process can assist in restoring an individual victim s sense of dignity. It can also help applicants to better understand their place in the criminal justice system, or, if they have not been awarded the level of assistance sought, the reasons why. Although located in the Magistrates Court, VOCAT is not a court. VOCAT hearings are less formal, and do not have set rules about what evidence is allowed or the manner in which evidence can be given. Instead, members hearing applications can investigate, inquire, and gather any information needed to help make a decision, in the way they think is most appropriate to the circumstances of the application. Members conduct hearings in a demonstrably victim-centred way. For example, they may sit down at the table with applicants and encourage them to talk openly about their experiences. Engaging in this way allows members to address the emotional impact of crime on victims, and more carefully tailor financial assistance to help in their recovery. Applicants can also ask for hearings to be closed (kept private) and can bring any support people they wish. The Tribunal may also, on it s own initiative, direct that the whole or any part of the hearing be closed to members of the public. Related victim hearings usually occur some time after the primary victim s death. A hearing can offer families the opportunity to talk together about the deceased family member, and the impact that the death and the criminal justice process has had on them. In situations where we are asked to decide whether a crime occurred, we may consider it appropriate to ask alleged offenders if they want to be heard. To reduce any possible stress and anxiety where an alleged offender is notified, VOCAT will generally meet the cost of the alleged offender s legal representation and make directions for the hearing to be conducted in a manner which limits contact between the parties, for instance, by having a party give evidence via a video-link. How we make decisions VOCAT makes decisions in accordance with the Act. Our role is to ensure victims receive their full entitlement under the Act, however the legislation governing VOCAT also requires us to have regard to other factors, such as the victim s level of co-operation with police, any conduct of the victim that contributed to the crime and the criminal history of the applicant. As with other administrative tribunals, VOCAT decides questions of fact on the balance of probabilities (i.e. more likely than not) rather than beyond reasonable doubt. This means VOCAT can find that a crime occurred, even if a criminal court has found the alleged offender not guilty. This in itself can provide a sense of closure for some victims. VOCAT can therefore award financial assistance even though no one has been charged with, found guilty of, or convicted of an offence arising from the act of violence committed. Before we award financial assistance, we must first be satisfied, on the balance of probabilities, that: a violent crime occurred the applicant is a primary, secondary or related victim of that crime, or a person who has incurred funeral expenses the applicant is eligible to receive the assistance and the applicant does not qualify for financial assistance from another source for the loss or expense sought from VOCAT. In deciding whether or not to make an award, or what amount should be awarded, we must also take into account: whether the applicant reported the crime to police within a reasonable time, and to what extent the applicant assisted police in their investigations the applicant s conduct and attitude before, during and after the crime, and their character, including any past criminal activity and whether the offender will benefit from an award made to the applicant. 8 Victims of Crime Assistance Tribunal Annual Report

11 SUPPORTING VICTIMS OF CRIME In 1972, it was deemed inappropriate for victims of domestic violence to receive compensation. In 2013, victims of domestic violence are regularly recognised by virtue of awards for special financial assistance, medical and psychological treatment, safety related expenses and other assistance to assist in recovery from acts of violence SUPERVISING MAGISTRATE ANDREW CAPELL Any financial assistance available under the Act may be awarded only where compensation cannot be obtained from another source. We therefore take into account any damages, compensation, assistance or payment the applicant has received, or is entitled to receive, from other sources such as claims against the offender, WorkCover, the Transport Accident Commission and insurance schemes. VOCAT can require applicants to refund some or all of the financial assistance awarded to them if they later receive damages, compensation, assistance or payments of any kind for injuries suffered as a result of a violent crime. What we can award The type and amount of financial assistance we can award is set out in the Act and differs between primary, secondary and related victims. In all cases, the amount must be reasonable, and the expenses claimed must have directly resulted from the crime. We must also be satisfied on the evidence that the type and amount of assistance sought will help the victim recover from the effects of the crime. Types of assistance Where VOCAT finds an applicant is a victim of crime, it can award financial assistance for past or future reasonable expenses associated with: counselling medical treatment, including dental, optometry, physiotherapy, hospital and ambulance lost or damaged clothing worn at the time of the crime measures to help a victim feel safe, for example, change of locks and other measures to increase home security providing a funeral for a deceased victim and in exceptional circumstances, VOCAT can award any other type of assistance that will go to the heart of assisting victims in their recovery. Examples include tutoring costs to assist child victims to refocus on their schooling, training to allow victims to return to work and some alternative approaches to healing. We can authorise payment of future expenses such as ongoing counselling, surgery, or safety expenses. After such services or goods have been provided to the victim and we have received the invoice or receipt, we pay the service provider or reimburse the victim. In addition to the expenses outlined above, we can award up to $20,000 for lost earnings for primary or secondary victims, covering a period of up to two years after the crime. This is intended to help victims who are unable to work as a direct result of the crime. We can also award a related victim an amount of money that, but for the death of the primary victim, the related victim would have been reasonably likely to receive from the primary victim during a period of up to two years after their death. The Tribunal has adopted guidelines about the amounts payable for counsellor s fees, legal costs and funeral expenses. These guidelines help the Tribunal decide whether claims are reasonable and to ensure consistency. Special financial assistance In some cases, we can award a special financial assistance lump sum (up to $10,000) directly to a primary victim. This is not intended to reflect what could be obtained at common law, or compensate for the harm a victim has suffered. It is meant as a tangible and symbolic expression by the State of the community s sympathy and concern for victims of violent crime. We determine the amount of special financial assistance according to the category of crime as set out in the Victims of Crime Assistance (Special Financial Assistance) Regulations 2011, and the particular circumstances of the primary victim or the injury suffered. Victims of Crime Assistance Tribunal Annual Report

12 SUPPORTING VICTIMS OF CRIME Amount of financial assistance available The amounts of financial assistance VOCAT can award are not intended to compensate victims for their loss. They are instead intended to provide a level of targeted assistance for victims recovery, and an expression of the community s sympathy for, and recognition of, victims suffering. We can award: a primary victim up to $60,000 for reasonable expenses and lost earnings, plus any special financial assistance up to an amount of $10,000 a secondary victim up to $50,000 for reasonable expenses, and, in exceptional circumstances, lost earnings suffered as a direct result of the crime and for some secondary victims, expenses to assist recovery and a related victim financial assistance of up to $50,000. Within this sum may be awarded an amount in recognition of their distress, (or in the case of a child, likely future distress) as a result of the primary victim s death. Where there is more than one related victim of a deceased primary victim, the overall maximum amount of financial assistance we can award to all related victims is limited to $100,000, unless exceptional circumstances exist. As much as possible, we involve families in decision-making to ensure we award assistance where it is most needed. Awards held in trust Awards of financial assistance to a child under 18 years, or a person incapable of managing his or her affairs due to injury, illness or physical or mental infirmity, will be held in trust until the child turns 18 or as the Tribunal otherwise orders. Appeal rights An applicant who is not satisfied with VOCAT s decision can apply to the Victorian Civil and Administrative Tribunal (VCAT) for a review of the decision. VCAT can conduct a new hearing, including considering any new evidence, and can: confirm or vary the original order make a new order or return the application to VOCAT to be reconsidered. Koori VOCAT List While all VOCAT hearings are generally flexible and informal, the Koori VOCAT List enables us to respond with maximum flexibility to the particular circumstances of Koori applicants. Steps are taken to create a culturally safe environment for Koori victims of crime. Aboriginal flags and artworks are displayed, and hearing rooms are ceremonially smoked before they can be used. In operation since 2006, the List was introduced to help overcome barriers faced by Koori victims of crime in accessing the financial assistance and acknowledgements to which they may be entitled under the Act. A small number of dedicated VOCAT members and the Koori VOCAT List Registrar intensively case manage applications within the List. The Registrar, and all the members who sit on the VOCAT Koori list, participate in cultural awareness training to give them an understanding of the issues Koori victims of crime face. Koori List applications must satisfy the same requirements as the general list before we can make an award of financial assistance. Sometimes, as a result of entrenched disadvantage and dislocation, Koori victims of crime have a range of other legal and personal issues that need addressing in a holistic way. The Koori VOCAT List is designed to flexibly respond to applicants experiencing these needs. 10 Victims of Crime Assistance Tribunal Annual Report

13 SUPPORTING VICTIMS OF CRIME You cannot begin to deal with or understand the issues faced by Koori victims of crime until there is an acknowledgement of their history and background. MAGISTRATE ANN COLLINS Magistrate Ann Collins: Cultural Connections In both hearings and awards, the Koori VOCAT List makes cultural connection its highest priority. The Koori VOCAT list has at its priority the interests of ensuring that Aboriginal and Torres Strait Islanders are aware of and have access to their entitlements under the Victims of Crime Assistance Act Mistrust of the system, communication issues and poor cultural understandings have led to many Koori victims of crime not getting the recognition and financial assistance to which they are entitled. Respect for culture to make the processes and procedure of the Koori VOCAT list culturally appropriate is therefore an important part of the list You cannot begin to deal with or understand the issues faced by Koori victims of crime until there is an acknowledgement of their history and background. Respect is shown to culture by the acknowledgement to country that occurs before each sitting. To ensure that the voices of the applicants are heard the list operates with as much informality as is possible. The tribunal member sits at a table with the applicant and their legal representative. Applicants are encouraged to bring family or support people to sit at the table. The idea is to create an environment that encourages communication. Because of its informality, the VOCAT Koori List allows detailed and personal information to come out. There s no formal swearing in to a witness box, it s not adversarial; it s about actually hearing what people have to say. The Tribunal member and the lawyers are quiet and the applicant is the one who has the voice. So you get genuine information about what they need to assist them. For example, a female victim of crime had removed herself from an awful environment, experiencing domestic violence. She requested a holiday for her and her kids as an award. But during the hearing, she mentioned having no contact with her country. By just having the chance to sit and talk, she raised issues around family, being on her own, and mentioned that her family was in another state. It became apparent that she would like to go back there and make connections. Instead of making an award for a holiday, we made an award for a trip to her home state where she and her kids had the chance to reconnect with her country and family members. She was an amazingly strong woman and she was in a space within herself where she was ready to do that work of reconnection, which she knew would be confronting. But she did it. And to know that she had the support of a government agency to do that, when it was perhaps a government agency that removed her to start with, was a nice circular way back for her to being connected with country. So it was a really powerful day and a great cultural outcome, when she received that award from VOCAT. Victims of Crime Assistance Tribunal Annual Report

14 THE TRIBUNAL YEAR IN REVIEW The Tribunal Year in Review Through the sustained efforts of our VOCAT members, judicial registrars, registrars and staff, this year we finalised a record number of applications. We achieved this while working within our existing resources and continuing to accommodate historically high numbers of lodgements, many of which are also growing in complexity. Applications lodged We received 5,863 applications for financial assistance in the reporting period, which is fewer than last year s number of 6,163. Female applicants again comprised the majority, at 51.9 per cent, compared to 52.2 per cent in the previous year. Applications arising from allegations of assault comprised 55.8 per cent of applications. This is similar to last year when applications for assault were 55 per cent. Male applicants made up 58.1 per cent of applicants in this category. Applications where the alleged crime was identified as a homicide offence numbered 407 compared to 457 in the previous reporting period. We received 262 applications where the alleged crime was identified as a rape offence, compared to 268 in the previous year. There were 40 male applicants (compared to 30 in the previous year), and 222 female applicants (compared to 238 in the previous year) in this category. See page 29 for further details about applications lodged. Application outcomes We finalised 6,894 applications in the reporting period the highest number ever finalised in a single year. Cumulatively, finalisations have increased by 45 per cent over the last six years. We awarded 4,751 applicants financial assistance (representing 68.9 per cent of all orders made) compared to 4,346 in the previous year (an increase of 9.3 per cent). Additionally: applications were determined at hearings in 25 per cent of cases, similar to 29 per cent in the previous year. 219 applications were refused, compared to 212 in the previous year (an increase of 3.3 per cent). Refused applications comprised 3.2 per cent of all finalising orders made. 1,921 applications were withdrawn by the applicant or struck out by the Tribunal, compared to 1,843 in the previous year (an increase of 4.2 per cent). as in previous years, the majority of awards (83.9 per cent) went to primary victims, with 3,984 awards being made this reporting period, compared to 3,658 last year (an increase of 8.9 per cent). we made 335 awards of financial assistance to secondary victims, similar to the previous year. Secondary victims represented 7.1 per cent of all awarded applicants, which is slightly fewer than the previous year. for related victims, 414 awards of financial assistance were made, compared to 306 in the previous year. Related victims represented 8.7 per cent of all awarded applicants, which is higher than the previous year. See page 30 for further details about application outcomes. 12 Victims of Crime Assistance Tribunal Annual Report

15 THE TRIBUNAL YEAR IN REVIEW Financial assistance awarded In the reporting period, we awarded a total of $49.1 million in financial assistance and legal costs to victims of crime, compared to $47.8 million in the previous year (an increase of 2.8 per cent). The average amount of financial assistance awarded was $7,763, compared to $8,169 in the previous year. Almost all primary victims (90 per cent) were awarded special financial assistance. The average amount of special financial assistance awarded was $3,194. Additionally, we awarded: over $3 million in interim financial assistance (a 9.2 per cent decrease on the $3.4 million awarded in the previous financial year). Most awards of interim financial assistance were for counselling expenses, and registrars made interim awards of assistance in 27.8 per cent of cases. $1.65 million in safety related expenses, compared to $1.73 million in the previous reporting period. This category of financial assistance for primary victims has been available since July 2010, allowing the Tribunal to make awards for safety related expenses without applicants needing to demonstrate exceptional circumstances. $5.41 million for all legal costs (including disbursements) incurred in relation to applications, with an average amount of $1,113 per award of assistance made. See page 34 for details about financial assistance awarded. Increasing demand and financial assistance awarded Demand for financial assistance from victims of crime has increased almost every year since the Tribunal commenced on 1 July The number of applications for financial assistance finalised annually has grown in response to the increasing demand for financial assistance from the Tribunal. The amount of financial assistance awarded under the Victims of Crime Assistance Act 1996 has increased almost each year since the Tribunal commenced on 1 July 1997, however decreased this year. Despite the increasing amount of financial assistance awarded by the Tribunal most years since it commenced in July 1997, the average amount of assistance awarded to applicants each year has remained remarkably consistent. see Chart 1: Number of applications for financial assistance lodged annually, 1997/ /13, page 14. see Chart 2: Number of awards made annually by legislative scheme, 1997/ /13, page 14. see Chart 3: Total amount of financial assistance awarded and legal costs ordered annually by legislative scheme, 1997/ /13, page 15. see Chart 4: Average amount of financial assistance awarded under Victims of Crime Assistance Act 1996 on determination of applications, 1997/ /13, page 15. Victims of Crime Assistance Tribunal Annual Report

16 THE TRIBUNAL YEAR IN REVIEW Chart 1: Number of applications for financial assistance lodged annually, 1997/ /13 7,000 6,000 5,000 Number 4,000 3,000 2,000 1, / / / / / / / / / / / / / / / /13 Chart 2: Number of awards made annually by legislative scheme, 1997/ /13 7,000 6,000 5,000 Number 4,000 3,000 2,000 1, / / / / / / / / / / / / / / / /13 Criminal Injuries Compensation Act Victims of Crime Assistance Act Victims of Crime Assistance Tribunal Annual Report

17 THE TRIBUNAL YEAR IN REVIEW Chart 3: Total amount of financial assistance awarded and legal costs ordered annually by legislative scheme, 1997/ /13 $60 $50 $ Millions $40 $30 $20 $10 $0 1997/ / / / / / / / / / / / / / / /13 Criminal Injuries Compensation Act Victims of Crime Assistance Act 1996 Chart 4: Average amount of financial assistance awarded under Victims of Crime Assistance Act 1996 on determination of applications, 1997/ /13 $10,000 $9,000 $8,000 $7,000 Amount $6,000 $5,000 $4,000 $3,000 $2,000 $1,000 $- 1997/ / / / / / / / / / / / / / / /13 Victims of Crime Assistance Tribunal Annual Report

18 THE TRIBUNAL YEAR IN REVIEW Supervising Magistrate Catherine Lamble: VOCAT and family violence Family violence of itself is not a crime but many of the behaviours associated with family violence such as rape, assaults, criminal damage, stalking and threats to kill or injure are crimes. We cannot say how many VOCAT applications arise from acts of violence by family members but we do know that, in the last financial year, about 52 per cent of VOCAT applicants were female and 14.6 per cent of applications related to victims of crime who were under the age of 18. We also know that police detection of family violence offences continues to skyrocket. Contact with police, courts and support services means an increasing number of family violence survivors apply to VOCAT for awards to assist in their recovery. Historically, most victims of family violence were unable to obtain assistance from the Tribunal. The Criminal Injuries Compensation (Amendment) Act 1980 modified this prohibition to permit awards in cases where the offender had been convicted of, pleaded guilty to, or otherwise admitted to an offence of inflicting an injury on the applicant, or was insane. Unlike other crimes, an applicant could not obtain assistance if the alleged offender was not prosecuted or convicted of an offence. The Criminal Injuries Compensation Act 1983 increased the availability of assistance for members of the same household as the offender, but it was not until the Criminal Injuries Compensation (Amendment) Act 1988 where restrictions that were specific to family members were removed. Part of the rationale for earlier legislation relates to Parliament s unwillingness to interfere in family life. Sweeping family violence under the carpet is a matter of history, but some of the problems associated with crimes in the home remain. There are still many cases where, for a variety of reasons, police do not charge offenders. Commonly, victims do not report crimes to the police, delay in reporting crimes or withdraw their complaints. Family violence occurs behind closed doors and criminal prosecutions often depend on one party s word against another. Victims are likely to minimise the hurt they have suffered and are reluctant to report sexual assaults or violence against their children. By its nature, family violence often involves multiple incidents but victims may not be able to recall the details of each particular offence. Separation from a violent offender increases the risk of violence and trauma associated with family violence and separation means victims are unlikely to prioritise the gathering of evidence to support their claims. In some cases, they do not recognise their entitlements and delay in making their claims. An amendment to the Act that focused on the needs of family violence survivors has meant that, since 2010, it is no longer necessary to establish exceptional circumstances to obtain assistance for reasonable safety-related expenses incurred as a result of acts of violence. This has made it easier for the Tribunal to make timely interim awards for expenses such as relocation costs, changes of locks and other security measures. Victorian magistrates are now better educated about the nature and effects of family violence. That understanding assists magistrates in the interpretation of legislation that has its roots in unwillingness to acknowledge crimes in the home, for the benefit of family violence survivors. For many victims of family violence it means that they can come to the Tribunal and obtain practical financial help and acknowledgement of the crimes against them, which assists them in the difficult task of rebuilding their lives. The Tribunal s role in providing this support is particularly valuable when, for the reasons mentioned, successful prosecution of the offender has not been possible. It is an important part of the Tribunal s work. 16 Victims of Crime Assistance Tribunal Annual Report

19 THE TRIBUNAL YEAR IN REVIEW Applications arising from major incidents The 2009 Victorian Bushfires We continued to manage applications for financial assistance arising from major incidents, such as the 2009 Victorian Bushfires, through our principal registry in Melbourne. This ensures a consistent, timely and coordinated approach for such applications. We received 502 applications for financial assistance arising from the 2009 Victorian bushfires. The majority of applications relating to the Churchill and Delburn Complex fires have now been finalised. The further consideration of applications relating to the Murrindindi fires was deferred pending the outcome of the Coronial process. An inquest brief was filed with the Coroner s Office by the Phoenix Taskforce in May VOCAT will continue to monitor the progress of the coronial proceedings. Appeals from VOCAT In the reporting period, 30 applications for review of VOCAT decisions were determined by VCAT. The Victorian Government Solicitor s Office represents VOCAT (as primary decision maker) in all VCAT proceedings. Counsel assisting the Tribunal The Tribunal may engage counsel to assist with respect to an application for assistance. In the year under review, counsel was engaged to assist the Tribunal in 3 applications for assistance. Timeliness The time it took to finalise applications (measured from the time of lodgement) was similar to previous years. Close to 63 per cent of applications were finalised within 12 months, with 47.8 per cent being finalised within nine months. At the end of the reporting period, 6,370 applications were pending, compared to 6,957 in the previous year. Application numbers decreased slightly this year however, the cumulative effect of increases during the past five years, means VOCAT is still experiencing demand that is stretching our resources considerably. Some regional and metropolitan locations have experienced significant workload increases in recent years. In the Heidelberg region, for example, finalisations have increased by 37.5 per cent over five years. Some applications are more complex. This is a result of changing notions about what may constitute a violent crime and the possible ways in which a person can be victimised. Applications for assistance for family violence offences continue to rise and new offences, for example, cyber crimes, are becoming more prevalent. The complexity of applications impacts on the time it takes to finalise them. Below are some of the initiatives we anticipate will assist in improving timeliness. Judicial Registrars at VOCAT Judicial registrars are independent judicial decision makers appointed by the Governor in Council to assist the Magistrates Court in disposing of a variety of matters that come within the court s jurisdictions. There are currently seven judicial registrars appointed to the Magistrates Court. They sit at various court locations across the Melbourne metropolitan area, as well as regional and rural court venues. We have previously reported that a 2010 amendment to the Victims of Crime Assistance Act 1996 enabled the Chief Magistrate to delegate certain VOCAT functions and powers to judicial registrars. This created the potential for VOCAT to respond to increasing demand by using judicial registrars to decide more straightforward applications. Victims of Crime Assistance Tribunal Annual Report

20 THE TRIBUNAL YEAR IN REVIEW From 1 st February 2012, a 12 month pilot programme commenced with judicial registrars managing selected VOCAT applications at Ringwood, Heidelberg and Melbourne Court venues. Due to the success of this trial it was extended to all metropolitan courts in February Judicial registrars can determine applications for assistance made by primary and secondary victims, except where: the application is filed outside the 2 year time limit the act of violence alleged is a sexual offence or the act of violence arises in circumstances of family violence and the alleged offender is a family member. Interim awards for safetyrelated expenses Since July 2010, VOCAT has been able to make awards to primary victims for safety related expenses, without them needing to demonstrate exceptional circumstances. This has allowed VOCAT to respond more quickly and effectively to victims of family violence. Many of these applicants are at risk of further violence and require urgent assistance to improve their security, such as new locks or security alarms at their homes. Some must leave their homes and incur relocation or accommodation expenses. In some cases, magistrates are able to make family violence protection orders and then, sitting as VOCAT members and using the evidence they heard in the intervention order application, make urgent awards of financial assistance. Timely hearings We continued to list matters for hearing according to the Chief Magistrate s listings protocol, which promotes consistency and timeliness in our listing practices. This means we aim to list hearings: within six to ten weeks of a VOCAT member deciding to conduct a hearing or where an applicant asks for a hearing, within six to 10 weeks of the applicant advising that they have filed all their supporting material, and VOCAT is satisfied that all relevant material has been filed. More efficient case management We have moved towards a more efficient case management model for VOCAT applications at Melbourne Magistrates Court. This model is replicated in all other regions. Last year we reviewed our listings and case management practices whilst this year we implemented these changes to optimise operational efficiency. Part of our new approach means individual VOCAT members will, whenever possible, maintain carriage of files from start to finish. This means fewer files move between members at different stages of the decisionmaking process. These changes reduced the time members spent reading files with which they are unfamiliar and dealing with unexpected procedural issues. Applicants benefited from members deciding their cases in a quicker, more responsive manner. 18 Victims of Crime Assistance Tribunal Annual Report