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Related Victim

A related victim is a person who, at the time of the act of violence:

  • was a close family member of; or
  • was a dependant of; or
  • had an intimate personal relationship with;

a primary victim who has died as a result of the act.

 

A 'close family member' is defined as a person who had a genuine personal relationship with the victim at the time of the victim's death and who is

  • the spouse of the victim; or
  • a parent, guardian or step-parent of the victim; or
  • a child or step-child of the victim or some other child of whom the victim is the guardian; or
  • a brother, sister, step-brother or step-sister of the victim.


The Tribunal may make an award of up to $50 000 for the distress experienced as a result of the death of the primary victim, for:

  • reasonable counselling services; and/or
  • medical expenses; and/or
  • funeral expenses; and/or
  • any loss of money expected from the deceased.

Where more than one related victim applies for assistance, the maximum payable in total cannot exceed the prescribed limit of up to $100 000 unless exceptional circumstances exist. All related victim applications are determined at the Melbourne Principal Registry.

Notification by VOCAT to potential related victims

Practice Direction 1 of 2007 specifies the circumstances in which the registrar of the Tribunal is required to notify potential related victims that they may have an entitlement to make an application to the Tribunal, and the forms to be used when making this notification.  Click on the link to the right to view.

Claim for Dependence (Related Victims Only)

Individuals wholly or substantially dependent on the deceased Primary Victim's income may be eligible to lodge a claim for loss of money they were reasonably likely to receive from the primary victim during a period of up to 2 years after that death. If such a claim is to be made, a Dependency Claim Form will need to be completed.

Practice Direction No. 7 of 2003  - Dependency Claims - provides guidance as to the documentation required to be filed in support of a claim for dependency.