Victims Support Scheme eligibility requirements
The Victims Support Scheme assists victims of a violent crime, modern slavery and road crime in NSW. Find out who is eligible and what support is available.
Victims Services is here to help. Call the Victims Access Line 1800 633 063 or Aboriginal Contact Line 1800 019 123 (Monday-Friday, 9am-5pm).
Victims of a violent crime
The Victims Support Scheme assists victims of 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.
There does not need to be a charge or a conviction for the victim of an act of violence to receive support. The available evidence needs to show that an offence was committed.
If a violent crime has happened in NSW, victims support is available for:
- primary victims
- secondary victims
- parents or guardians caring for a child primary victim
- family victims
- other family members of a person who has died as a result of homicide.
Who is a primary victim of a violent crime
A primary victim of an act of violence 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.
What support a primary victim may be eligible for
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 of an act of violence 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.
What support a secondary victim may be eligible for
Secondary victims may receive counselling.
Who is a family victim of a violent crime
A family victim of an act of violence is an immediate family member of someone who has died as a result of a homicide (a homicide victim), including a:
- current spouse
- current de facto partner who was living with the victim when they died and had been living with them for at least 2 years
- parent, step-parent or guardian
- child, step-child or guardian child
- brother, sister, half-brother, half-sister, step-brother or step-sister.
A homicide victim includes a person who has died in an incident involving a motor vehicle where either someone has been charged with murder in relation to their death, or the incident has been declared a terrorist act.
What support a family victim of homicide may be eligible for
Family victims of homicide 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.
Some family victims may also receive a recognition payment.
To learn more about the support available to family members of a homicide victim and how to apply, visit Support for family members of a homicide victim through the Victims Support Scheme.
Related family members of a homicide victim
Related family members of a homicide victim who are not family victims may receive counselling. This includes grandparents, grandchildren, aunts, uncles, cousins and in-laws.
To learn more about the support available to family members of a homicide victim and how to apply, visit Support for family members of a homicide victim through the Victims Support Scheme.
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 of an act of modern slavery to receive support. 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.
What support a primary victim may be eligible for
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.
Victims of a road crime
The Victims Support Scheme assists family members of someone who died as a result of a road crime (a road crime victim) that occurred on or after 1 February 2023, or earlier if exceptional circumstances apply.
A road crime is an act or series of acts involving a motor vehicle, that caused the death of the road crime victim, where either:
- a person is charged with committing a crime in relation to that act, or
- charges cannot be laid because the person responsible cannot be identified, or
- charges cannot be laid because the person responsible has also died.
If the person who committed the road crime died and you are related to them, you cannot be approved for support unless you are also related to another person who died.
Who is a family victim of a road crime
A family victim of a road crime is an immediate family member of a road crime victim, including a:
- current spouse
- current de facto partner who was living with the victim when they died and had been living with them for at least 2 years
- parent, step-parent or guardian
- child, step-child or guardian child
- brother, sister, half-brother, half-sister, step-brother or step-sister.
What support a family victim may be eligible for
Family victims of a road crime may receive up to 22 hours of counselling.
To learn more about how to apply, visit Support for family members of a road crime victim through the Victims Support Scheme.
Related family members of a road crime victim
Related family members of a road crime victim who are not family victims may also receive counselling. This includes grandparents, grandchildren, aunts, uncles, cousins and in-laws.
To learn more about how to apply, visit Support for family members of a road crime victim through the Victims Support Scheme.
Factors affecting eligibility
Where the crime happened
The Victims Support Scheme can only provide assistance where an act of violence, act of modern slavery or road crime happened 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 victims support organisation in that jurisdiction.
Some crimes are not considered acts of violence
Fraud, theft and property damage aren't generally considered to be acts of violence.
Some people are not eligible 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.
When support may be declined or reduced
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
- any money the applicant has received from another source in relation to the violent crime, including under an insurance policy or other agreement.
Time limits to apply for victims support
There are time limits to apply for victims support. These time limits vary based on what happened and the type of support you are seeking.
See the time limit that applies for each support type below.
There is no time limit to apply for counselling through the Victims Support Scheme. You can apply at any time after the incident.
See the time limits for applying for a recognition payment.
If you're a family member of someone who has died as a result of a homicide or a road crime, see the time limits for applying at:
We're here to help
The Victims Support Scheme is administered by the Commissioner of Victims Rights. Victims Services, part of the Department of Communities and Justice, assists the Commissioner to administer the Scheme.
We understand that violent crime, modern slavery and road crime can affect people in different ways.
If you have any questions about victims support or making an application, Victims Services is here to help.
Contact Victims Services
Call (Mon - Fri, 9am - 5pm)
- Victims Access Line on 1800 633 063
- Aboriginal Contact Line on 1800 019 123
For the National Relay Service, call 13 36 77 (TTY) or 1300 555 727 (Speak and Listen).
For interpreter support, call the Translating and Interpreting Service on 13 14 50.
Post
Commissioner of Victims Rights
Victims Services
Department of Communities and Justice
Locked Bag 5118
PARRAMATTA NSW 2124