Sentencing Act Applications (Victoria)

If you have been a victim of a crime in Victoria where the perpetrator has been convicted in a criminal court and sentenced within the past 12 months, you may be entitled to make an application for compensation under s85B of the Sentencing Act 1991 (Vic).

Under section 85B of the Sentencing Act 1991 (Vic), where a person has been found guilty or convicted of an offence (the ‘offender’), the victim/s of the offence may make an application for compensation from the offender for an injury suffered as a direct result of the offence. An injury includes a mental illness, or grief, distress, trauma, or other significant adverse effect (see section 85A).

You must make the application within 12 months of the date of conviction (though it is possible to apply for an extension of time).

A victim can seek compensation for the following categories of loss:

• Pain and suffering experienced as a direct result of the offence;

• Reasonable counselling services as a direct result of the offence;

• Medical expenses;

• Other expenses’ incurred as a direct result of the offence (see s 85B(2)).

An important consideration when making an application is whether the offender has assets available to compensate a victim. We will provide you with advice on liaising with the Victoria Police investigating officer of the criminal matter on whether a restraining order exists over the offender’s assets, or request the officer undertake an asset investigation of the offender.  

Please note, if you have received an award of assistance from the Victims of Crime Assistance Tribunal (VOCAT), it is at the Court’s discretion as to whether to take these VOCAT awards into account if your matter proceedings to hearing. However, we will advise you that based on previous applications and judgments, any VOCAT award should not be deducted from a settlement and/or award of compensation.

We can help you lodge the application, prepare the documents, and represent you throughout the process.