Eligibility criteria

Victims of a violent crime

The Victims Support Scheme is available to anyone who has experienced an act of violence in NSW.​ 

An act of violence is an act or series of related acts that:

• apparently occurred in committing a criminal offence​ 
• involved violent conduct
• resulted in physical or psychological injury, or death.

Examples of violent acts include, but are not limited to, assault, sexual assault and domestic violence offences.

There does not need to be a charge or a conviction for the victim to receive support however, the available evidence must establish an offence was committed.

Victims support is available to primary, secondary or family victims.

Who is a primary victim of a violent crime?

A primary victim is a person who was injured or who dies as a direct result of:

• a violent crime
• trying to prevent a violent crime
• trying to help or rescue a victim of a violent crime
• trying to arrest someone who was committing a violent crime against someone else.

Primary victims may receive:

• counselling
• financial assistance for immediate needs
• financial assistance for economic loss
• a recognition payment.

A parent, step-parent or guardian who is caring for a child under 18 who was injured by a violent crime may also be eligible to receive financial assistance for economic loss that directly resulted from the act of violence. 

Who is a secondary victim of a violent crime?

A secondary victim is:

• a person who was injured as a direct result of witnessing a violent crime
  
• a parent, step-parent or guardian who has been injured as a direct result of learning that their child (under the age of 18) was injured by a violent crime. 
  

Secondary victims may receive counselling.

Who is a family victim of a violent crime?

A family victim is an immediate family member of the homicide victim, including a:

• spouse
  
• de facto partner who has lived with the victim for at least two years
  
• parent, step-parent or guardian
  
• child, step-child or guardian child
  
• brother, sister, half-brother, half-sister, step-brother or step-sister.

Family victims may receive:

• counselling
• financial assistance for immediate needs
• financial assistance for justice related expenses to help pay for some costs of attending court and coronial proceedings
• financial assistance to help with the victim's funeral expenses.

Eligible family victims may also receive a recognition payment. 

Extended family members of a homicide victim who are affected by the victim's death and are not considered family victims may receive counselling. This includes grandparents, grandchildren, aunts, uncles, cousins and in-laws.

 

Victims of modern slavery

The Victims Support Scheme assists primary victims of modern slavery where the incidents took place in NSW after 1 January 2022.

An act of modern slavery is an act or series of related acts that:

• apparently occurred during an offence or other conduct constituting modern slavery
• involved a form of slavery, servitude or forced labour of a child
• resulted in physical or psychological injury or death.

There does not need to be a charge or conviction for the victim to receive support, however the available evidence must establish an offence was committed.

Modern slavery offences are set out in the Modern Slavery Act 2018 and include offences such as forced labour, forced marriage, debt bondage, and human trafficking.

Who is a primary victim of modern slavery?

A primary victim of modern slavery is a person who was injured or dies as a direct result of:

• a modern slavery offence
• trying to prevent a modern slavery offence
• trying to help or rescue a victim of a modern slavery offence
• trying to arrest someone who was committing a modern slavery offence.

Primary victims may receive:

• counselling
• financial assistance for immediate needs
• financial assistance for economic loss
• a recognition payment.

A parent, step-parent or guardian who is caring for a child under 18 who is a primary victim may also be eligible for financial assistance for economic loss.

If an act is both an act of violence and an act of modern slavery, a victim will only be eligible once for support under the Victims Support Scheme in relation to the act. 

Factors affecting eligibility

Victims Services can only accept applications which involve an act of violence or act of modern slavery that occurred in NSW. 

If the incident took place in another Australian state or territory, visit Victims support and services outside of NSW to find the contact details for the victim support organisation in that jurisdiction. 

Fraud, theft and property damage aren't generally considered to be acts of violence. If you're unsure about your eligibility to apply for victims support, contact the Victims Access Line or Aboriginal Contact Line. 

Further information regarding eligibility for victims support is set out in the Victims Rights and Support Act 2013. 

Important information about applications for victims support

Some people are not eligible for support, even if they are a victim of crime. For more information on persons who are not eligible, see section 25 of the Victims Rights and Support Act 2013. 

There are also circumstances where support may be declined or the amount reduced. For more information on those circumstances, see section 44 of the Victims Rights and Support Act 2013.

Factors for consideration under section 44 include, but are not limited to, any behaviour on the part of the deceased which has directly or indirectly contributed to their death, including past criminal activity, and whether an applicant has received money from another source in relation to the violent crime, including under an insurance policy or other agreement. 

Consideration of these factors may affect the amount of financial support a victim receives or may result in a decision not to approve an application for victims support. 

Time frames

There are time limits for applying for victims support, which vary based on the type of support you are seeking and the violent crime. 

You can see the time frame that applies to you by visiting the webpage for each support type:

• Counselling
• Financial support
• Recognition payment