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Practice Directions & Guidelines

Guidelines

The Guidelines provide assistance in the level of costs and fees acceptable to VOCAT.

  • VOCAT Guideline 1 of 2007

    • Guideline issued by the Chief Magistrate designed as an aid to the exercise of the costs discretion given under section 48 of the Victims of Crime Assistance Act 1996 in relation to legal costs.  This Guideline replaces Guideline 1 of 2004

  • VOCAT Guideline 2 of 2004

    • Guideline to assist in assessing of appropriate fees and costs of counselling services

  • VOCAT Guideline 2 of 2007

    • Guideline to assist in assessing of appropriate fees and costs of counselling services



Practice Directions

Practice Directions are issued by the Chief Magistrate. They advise of the procedures to be followed in various areas within the VOCAT Jurisdiction.

  • Practice Direction 11 of 2008

    • Engagement of Counsel to Assist Magistrates - Counsel to assist the Victims of Crime Assistance Tribunal may only be engaged with the approval in writing of the Chief Magistrate. The Tribunal will not be responsible for any fees, costs or charges incurred for the engagement of counsel after the date of this Practice Direction, unless the retainer or engagement is so authorised by the Chief Magistrate.

  • Practice Direction 2 of 2009

    • Koori VOCAT List - The purpose of this direction is to establish the Koori VOCAT List as an ongoing part of the Tribunal's operations.

  • Practice Direction 1 of 2009

    • Response to applications for review of decisions - The purpose of this Practice Direction is to note the role of the Victims of Crime Assistance Tribunal as primary decision maker in any applications for review of its decision to the Victorian and Civil Administrative Tribunal, and specify the procedure to be followed by VOCAT upon receipt of a Notice of Review to VCAT.

  • Practice Direction 4 of 2008

    • Notification of Alleged Offenders and Third Parties - The purpose of this Practice Direction is to specify the procedure to be followed where the Tribunal is considering notifying a person with a legitimate or substantial interest in an application, including the alleged offender; or a person, including the alleged offender, considers that they have a legitimate or substantial interest in an application for assistance.

  • Practice Direction 10 of 2008

    • Koori VOCAT List - The purpose of this direction is to extend the operation of the Koori VOCAT List for 6 months until 30 June 2009

  • Practice Direction 9 of 2008

    • Access to Files - The purpose of this Practice Direction is to specify the procedure to be followed when a request is made under section 42A of the Victims of Crime Assistance Act 1996 to access information about an application for assistance; and/or documents contained on a Tribunal file.

  • Practice Direction 8 of 2008

    • Dependency Claims - The purpose of this Practice Direction is to specify the procedure to be followed in relation to claims for financial assistance for dependency by a related victim of an act of violence.

  • Practice Direction 7 of 2008

    • Directions Hearings - The purpose of this Practice Direction is to provide guidance as to when it is appropriate to conduct a directions hearing.

  • Practice Direction 6 of 2008

    • Extension of Time – Section 29 - The purpose of this Practice Direction is to specify the procedure to be followed when making an application to extend the time for lodging an application for assistance with the Victims of Crime Assistance Tribunal.

  • Practice Direction 5 of 2008

    • Loss of Earnings Claim - The purpose of this Practice Direction is to specify the procedure to be followed in relation to claims for financial assistance for loss of earnings.

  • Practice Direction 3 of 2008

    • Koori VOCAT List - The purpose of this direction is to extend the operation of the Koori VOCAT List for 6 months until 31 December 2008

  • Practice Direction 2 of 2008

    • Psychological/Psychiatric Assessment Reports by non-treating practitioners - The purpose of this Practice Direction is to prescribe procedures in relation to the preparation and filing of assessment reports prepared by a psychologist or psychiatrist who will not be providing treatment/counselling to the applicant the subject of the report

  • Practice Direction 1 of 2008

    • Awards for Counselling Expenses - The purpose of this Practice Direction is to prescribe procedures to assist the Tribunal to determine an application for an award for counselling expenses, and the forms to be lodged with the Tribunal

  • Practice Direction 2 of 2007

    • Koori VOCAT List - The purpose of this direction is to establish the Koori VOCAT List pilot and to set out the procedures. It has been amended from Practice Direction 1/2006 and reissued to include exceptions regarding when an application is required to be transferred to Melbourne for inclusion in the Koori VOCAT List.

  • Practice Direction 1 of 2007

    • Notification by VOCAT to potential related victims - The purpose of this Practice Direction is to specify 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.

  • Practice Direction 2 of 2006

    • Response to request for review of Tribunal’s decision - The purpose of this direction is to establish a procedure to be adhered to upon receipt of a Request for Review, including the identification of relevant and potentially sensitive documents.

  • Practice Direction 1 of 2006

    • Koori VOCAT List - The purpose of this direction is to establish the Koori VOCAT List pilot and to set out the procedures. This Practice Direction has been revoked and replaced with Practice Direction 2 of 2007.

  • Practice Direction 9 of 2003

    • Counselling and Assessment - The purpose of this direction is to set out the procedures and requirements for awards for counselling and also in relation to psychological and psychiatric assessments.

  • Practice Direction 8 of 2003

    • Persons with a legitimate and/or substantial interest – The purpose of this direction is to set out the procedure to be followed when a person is identified as having a legitimate and/or substantial interest in a VOCAT application.

  • Practice Direction 7 of 2003

    • Dependency Claims - The purpose of this direction is to provide guidance as to the documentation required to be filed in support of a claim for dependency.

  • Practice Direction 6 of 2003

    • Loss of Earnings Claim - The purpose of this direction is to provide guidance as to the documentation required to be filed in support of a claim for loss of earnings.

  • Practice Direction 5 of 2003

    • Notification of Alleged Offenders – The purpose of this direction is to set out the process to be followed for the notification of an Alleged Offender.

  • Practice Direction 4 of 2003

    • Directions Hearings - The purpose of this direction is to set out the circumstances for when a Directions Hearing may be held in a matter.

  • Practice Direction 3 of 2003

    • Extension of Time – The purpose of this direction is to set out the circumstances under which an application for extension is required under the Victims of Crime Assistance Act.

  • Practice Direction 2 of 2003

    • Access to VOCAT files - The purpose of this direction is to set out the procedures to follow when access to a VOCAT file or part of a file is requested by an individual or organisation.

  • Practice Direction 1 of 2003

    • Repealing of obsolete practice and procedural directions - The purpose of this direction is to repeal a number of obsolete directions and, where relevant, to advise of the current applicable direction or regulation.

  • Practice Direction 2 of 1999

    • Psychological Fees for Counselling Services - The purpose of this direction is to set the maximum amounts payable by the Tribunal for individual and group psychological counselling sessions.

  • Practice Direction 1 of 1998

    • Engagement of Counsel to Assist Magistrates - The purpose of this direction is to advise Magistrates that they must first seek the Chief Magistrate’s approval in writing before engaging Counsel to Assist.

  • Practice Direction 5 of 1997

    • Liability of Insurer to pay - The purpose of this direction is to confirm the requirement of all medical and health insurers to meet their liabilities before the Tribunal will make an order for expenses.