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VOCAT Decisions

Procedure of Hearings

Although conducted in courtrooms, the Tribunal attempts to keep hearings as informal as possible.

Hearings are open to the public unless the Tribunal directs otherwise. An applicant may request the Tribunal make such a direction.

The Tribunal may also direct that the publication of material be restricted.

Making of Awards

The Tribunal may award assistance to an applicant if satisfied that:

• that an act of violence has occurred; and
• the applicant falls within one of the four types of victim categories.

The Tribunal may award assistance in respect of an act of violence even though no person has been charged with, found guilty or convicted of, an offence arising out of the commission of that act of violence.

Mandatory Refusal of Applications

The Tribunal must refuse to make an award of assistance if satisfied that:

• the act of violence was not reported to police within a reasonable time; or
• the applicant failed to provide reasonable assistance to any person investigating the act of violence, in the arrest or prosecution of any person by whom the act of violence was allegedly committed; or
• unless special circumstances exist.

The Tribunal must also refuse to make an award if:

• the application is made in collusion with the person who is alleged to have committed the act of violence; or
• an earlier application for assistance has been made by the applicant arising from the same act of violence, whether or not it has been determined. 

Other matters to which the Tribunal must have regard

The character, behaviour (including past criminal activity and the number and nature of any findings of guilt or convictions), or attitude of the applicant at any time, whether before, during or after the act of violence.

In the case of an application by a related victim:

• the character or behaviour of the deceased primary victim
• any obligations owed to the applicant and any other related victim applicants by the deceased primary victim
• the financial resources (including earning capacity) and financial needs of the applicant and any other related victim applicants
• if the related victim is a close family member of, or had an intimate personal relationship with, the deceased primary victim, the nature of the relationship between them
• whether the applicant provoked the commission of the act of violence and, if so, the extent to which the act of violence was in proportion to that provocation
• any condition or disposition of the applicant which directly or indirectly contributed to his or her injury or death
• whether the person by whom the act of violence was committed or alleged to have been committed will benefit directly or indirectly from the award
• any other circumstances that it considers relevant. 

Other Tribunal Powers

The Tribunal may also inform itself in relation to the application, in any manner it thinks fit, and is not bound by the rules of evidence.

If the Tribunal determines that it requires further information to enable it to determine an application, it may:

• order the preparation and submission of a medical or counselling report; and/or
• order the applicant to lodge, within a specified time period, an additional statement or further documents required; and/or
• authorise a person to make enquiries / carry out investigations on its behalf.