Family and domestic violence in NSW – New Study

Author: Hannah Potts

A recent study by the Australian Institute of Criminology has found that 1 in 10 men in NSW have had legal action taken against them in relation to alleged family and domestic violence offences (FDV). In comparison, the study revealed that approximately 3% of women in NSW have had legal action relating to FDV taken against them.

The report has demonstrated the alarming extent of FDV in NSW, and this has generated significant discussion around the need for intervention to prevent such offences.

In NSW, victims of FDV may be eligible for compensation under the Victim Rights & Support Act 2013. This scheme is generally known as “Victims’ Compensation”. The Victims’ Compensation scheme can offer financial support to victims of FDV by compensating the loss, injury or damage suffered as a result of the crime.

Victims’ Compensation may be claimed if you have been injured during an act of violence, witnessing an act of violence, or whilst trying to prevent someone from committing an act of violence.

To be eligible, the act of violence must be reported to the Police. In addition, the victim must have sought medical attention or advice for their injuries. This can include a hospital visit, or an attendance with a GP, counsellor or psychologist.

Victims may be eligible to access counselling services, a recognition payment, or financial assistance.

An application for a recognition payment or financial assistance must be sought within 2 years of the incident. For child victims, the application must be made within 2 years of turning 18 years old. However, when claiming compensation for domestic violence and/or sexual assault, the limitation period is extended to within 10 years of the incident. This also applies to child victims, whereby claims for domestic violence and/or sexual assault must be made within 10 years of turning 18 years old.

An application for counselling services can be done at any time following the incident.

There is also no time limitation for victims of sexual assault if they were a child when the incident occurred.

If you need assistance or further information, or you would like to find out whether you may be eligible to receive Victims Compensation, please contact Monique Celi for at mceli@marsdens.net.au.

The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.