Legal audits and supporting victims of crime
These guidelines describe non-government agency roles in making a referral for a Legal Audit of a young person’s file and recommendations for an application to Victims Services.
Non-government agency roles and responsibilities
Identify potential applicants and provide initial response
The Victims’ Rights and Support Act 2013 defines a victim of a crime as:
“A person who suffers harm as a direct result of an act committed, or apparently committed, by another person in the course of a criminal offence in New South Wales”.
If the person dies as a result of the act concerned, a member of the person’s immediate family is also a victim of crime for the purposes of the Act.
If a person is identified as a victim of crime as defined above, undertake relevant casework tasks. This includes, where appropriate, reporting the matter to Police and the Child Protection Helpline on 132 111.
Assess needs and eligibility
Speak with the child or young person and their carer to determine what supports are needed and ensure processes are in place to keep them up to date and informed.
Make referrals to supports. Ensure that Aboriginal or Torres Strait Islander children and young people are referred to culturally appropriate services.
Assess the victim’s potential eligibility for the various services available under the Victims Support Scheme.
Information about services and eligibility can be found in Section 8, Victims Support Scheme services and in more detail on the Victims Services website.
Recommend an application to Victims Services
If it is determined that a person was the victim of a serious personal violence offence and an application should be made to Victims Services on their behalf:
- Contact the CFDU to check whether DCJ has lodged an application on behalf of the child or young person.
- Prepare the evidence and provide it to the CFDU along with a completed Recommendation for application to Victims Services The CFDU will assess the child or young person’s potential eligibility for the services available under the Victims Support Scheme and complete the application, noting that:
- Financial assistance for immediate needs requires a police or government / government-funded organisation report that provides details about what happened, or a medical, dental or counselling report that shows how the violent crime has affected the young person.
- Financial assistance for economic loss requires a police or government / government-funded organisation report that provides details about what happened, and a medical, dental or counselling report that shows how the violent crime has affected the young person. Full particulars of any economic loss for which the assistance is sought is also required. In the case of actual expenses: receipts, invoices or other approved forms of substantiation of the expenditure incurred or to be incurred. In the case of actual loss of earnings: the name and address of the employer, the period of absence from work and a statement from the employer substantiating those particulars.
- Recognition payment requires a police or government / government-funded organisation report that provides details about what happened, and a medical, dental or counselling report that shows how the violent crime has affected the young person.
- If there is insufficient evidence on the child or young person’s file to support the application, contact the CFDU to discuss.
- Ensure any material which shows the identity of other parties has been redacted from the evidence pursuant to section 29 of the Care Act.
Continue to provide support and information to the victim
The CFDU will inform the service provider of the outcome of the application upon receiving the Notice of Determination. The service provider will pass this information on to the child or young person and their carer.
If counselling has been approved by Victims Services, assist the victim to book and attend counselling appointments.