Once an application is received, the Tribunal will write to the applicant or their solicitor acknowledging receipt of the application, and providing instructions on what to do next.
The Tribunal requests that the applicant file all documentation in support of their application and a completed Statement of Claim form within four months of the date of this letter. The applicant must notify the Tribunal in writing within this time that the application is ready to proceed or the application may be struck out.
If more than four months is required, the applicant may make a request in writing to the Tribunal outlining what material is still outstanding and how much time they require to obtain it. The Tribunal can then extend the period for which all material must be filed.
The below table outlines the documentation that should be filed with the Tribunal in relation to each type of expense claimed, in addition to a completed statement of claim form.
|Assistance Claimed||Documents to be filed in support of claim|
|Special Financial Assistance||Application should include:
• evidence that the applicant has experienced or is suffering a significant adverse effect (e.g. medical/psychological report) (evidence may be given at a hearing).
|Counselling Expenses||Application should include:
• a completed Application for Counselling form,
• a relevant Counsellor's Report and a
• Counselling and Report Fee Invoice.
See information contained in the Counselling Expenses section and Practice Direction 1/2014 - Awards for Counselling Expenses
|Medical Expenses||Application should include:
• a report from a medical practitioner/dentist linking the treatment provided/proposed to the injury sustained by the applicant (the report should detail the proposed treatment plan); and
• receipts, invoices or quotes substantiating the expense claimed (may also include ambulance expenses).
|Safety-related Expenses (primary victims only)||Application should include:
• a receipt, invoice or quote substantiating the safety-related expense(s) claimed (e.g. an invoice from home security company, locksmith etc, or a quote if the expense has not yet been incurred).
|Other Expenses to Assist Recovery||Application should include:
• a receipt, invoice or quote substantiating the other expense claimed (e.g. an invoice from the home security company, locksmith etc, or a quote if the expense has not yet been incurred).
|Clothing Worn at Time of Act of Violence||Application should include an:
• invoice, receipt or quote for the cost of replacing the clothing; or
• a statutory declaration detailing the cost of the clothing lost or damaged (value of replacement clothing must be equivalent to the value of damaged clothes).
|Loss of Earnings||Application should include:
• a completed Loss of Earnings Claim form (loss of earnings of up to $20,000 may be awarded to primary victims and some secondary victims);
• advice in writing detailing number of days/weeks absent from work, reason for period of absence, and gross loss of earnings (including how gross loss was calculated);
• medical report/certificate linking the applicant’s total or partial incapacity to work to their injury;
• documentation verifying WorkCover payments, Transport Accident Commission payments, Social Security payments, any other payments (if any) received by the applicant for their injury; and
• if applicant is self-employed, tax returns for the three financial years before the act of violence occurred and the financial years for the loss of earnings claim period.
See Practice Direction 5/2008 – Claims for Loss of Earnings
|Funeral Expenses||Application should include:
• a receipt, invoice or quote from the funeral service substantiating the expense claimed.
See Guideline 3/2016- Financial Assistance for Funeral Expenses
|Distress||Application should include:
• evidence of the applicant’s relationship to the deceased primary victim; and
• evidence that the applicant has suffered grief, distress or trauma as a direct result of the deceased primary victim’s death (evidence may be given at a hearing).
|Dependency Claims||Application should include (related victims only):
• a completed Dependency Claim form;
• details of gross pre-death earnings of the deceased (including how earnings were calculated);
• documentation verifying WorkCover payments, Transport Accident Commission payments, Social Security payments, any other payments (if any) received by the applicant/deceased’s estate;
• tax returns of the applicant/deceased for the three financial years before the death of the primary victim and the financial years for the dependency claim period;
• details of the assets and liabilities of the applicant and the estate of the deceased;
• details of the financial contributions made by the deceased primary victim to the applicant for the three financial years immediately before the death of the primary victim; and
• verification of the relationship between the applicant and the deceased (e.g. spouse, child).
See Practice Direction 8/2008-Dependency Claims
|Solicitors costs||If you have a solicitor assisting you with your application, they must complete the ‘Amounts Payable to Solicitor’ section of your Statement of Claim form.|
|Solicitors Disbursements||Application should include:
• receipts and invoices for solicitors disbursements claimed.
Financial assistance for expenses not yet incurred
The Tribunal may award financial assistance for expenses actually incurred, or reasonably likely to be incurred in the future. Expenses reasonably likely to be incurred in the future are referred to as authorised future expenses.
The Tribunal may rely on quotes for goods and services in determining the amount of financial assistance to award for an expense that has not yet been incurred.
In awarding financial assistance for expenses not yet incurred, the Tribunal will set an amount of financial assistance that is not to be exceeded.
When can payment be made for future authorised expenses?
Amounts awarded to an applicant for expenses not yet incurred are only payable on the submission of an invoice or receipt relating to the particular expense.
Difference between quotes and invoices
It is important to note the difference between quotes and invoices. An invoice is an itemised list of goods purchased, with details of their quantities and prices, sent to the buyer to document the total charge. Payment will not be made on submission of a quote, which is the current price of goods; an estimate of costs given in advance of work being done.
Investigative powers of the Tribunal
If the Tribunal requires further information to enable it to determine an application, it may
- authorise a person to make any enquiry or carry out any investigation necessary to provide the Tribunal with the required information; or
- order preparation/submission of a medical/or counselling report from an independent medical practitioner or counsellor; or
- order the applicant to lodge an additional statement containing particulars of matters/documents specified in the order.
Registrars of the Tribunal have very wide powers to obtain information in relation to an application for financial assistance with the Tribunal. Failure to comply with the Tribunal’s request for information will result in delays in the finalisation of an application for financial assistance.