Victims rights

Do I have to report a crime?

There is no legal requirement to report a crime, unless you have information about a serious criminal offence.

It is a serious offence to fail to report certain crimes. There are also different ways of reporting a crime depending on the circumstances.

If you aren't sure whether you should report a criminal offence, you should get legal advice. 

What if I don’t want to report a sexual assault just yet?

You don’t have to report a sexual assault if you are not ready.

Before you make a report, you can:

• complete a Sexual Assault Reporting Option (SARO) questionnaire – this is an informal report that you can make anonymously online. You can do this if you don’t want your matter investigated by the police but you want a record of what occurred. 
• write down what happened – keeping a diary or notes of what happened, including important details, may help you later if you decide to make a report police. 
• speak to your GP or a doctor if you were injured when you were assaulted, or you are worried about sexually transmitted infections or becoming pregnant.
• speak to a counsellor – 1800RESPECT has a 24hr confidential helpline for people who have experienced sexual assault and domestic violence.
• get legal advice.

For more information, see Women and Sexual Violence Law on the Women’s Legal Service NSW website.

Can I see a doctor about a sexual assault without it being reported to the police?

When a person has been sexually assaulted, it is always their decision whether to report the assault to the police. 

You can access Sexual Assault Services that are free and confidential without having to report the assault to the police. This includes speaking to a counsellor and getting a medical assessment and/or forensic assessment.

If you see a doctor for a medical assessment, they can’t report the incident to the police without your consent.

If you choose to have a forensic examination, the police will only be notified and given the evidence that was collected if you give signed consent. You can have a support person with you during the examination. You will also be supported by a sexual assault counsellor. And you can ask for a doctor of your preferred gender. If you decide not to notify the police, the evidence will be destroyed.   

If you don’t want to have a forensic examination, but you were injured when you were assaulted, are concerned about sexually transmitted infections or becoming pregnant, you should speak to your GP or a doctor. You can have a medical assessment without a forensic examination.

For more information, see Getting medical help after sexual assault on the Full Stop Australia website.

Can I report an old​​​ crime?

There is no time limit on reporting a crime. Even if it happened a long time ago, you can still report it.

Whether or not the police can charge someone with committing an old crime will depend on what kind of crime it was. Some crimes must be prosecuted within a certain time of the offence occurring. If this time limit has passed, no charges can be laid. Different offences have different time limits. There is no time limit for police charging someone for serious offences.

How do I report a ​​crime?

There are different ways of reporting a crime:

Who can help me to make a report?

If you need help or support to make a report, you may be able to have a support person with you when you give a statement to the police. You can take your time when you give a statement and ask the police to take breaks when you need them.

If, after giving a statement, you realise you forgot to tell the police something, you can arrange to give another statement to the police.

If you have concerns about making a report, you should speak to a counsellor or get legal advice. A lawyer can help you to understand the legal process and give you advice about any issues that you have concerns about. A lawyer may also be able to help you prepare a statement to give the police.  

For more information, see Women and Sexual Violence Law on the Women’s Legal Service NSW website.

Why aren't police charging​​ the person?

When you report a crime the police, the police or a prosecutor makes the decision about whether that person will be charged or not.

The police or prosecutor have certain guidelines they must follow, which outline several factors they must consider in deciding whether or not to charge someone, including whether:

• there is evidence that can prove the offence
• there is a reasonable prospect of conviction
• there are factors that suggest the matter should not proceed.
  

For more information, see Prosecution Guidelines on The Office of the Director of Public Prosecutions website.

Can I press criminal charges​ against someone?

It is possible for an individual to start criminal proceedings against a person who has committed a crime against them. This is called a private prosecution. This is rarely done and needs to be authorised by an appropriate officer at the Court.

Before you make a decision to start a private prosecution, you should get legal advice.

If you feel someone has committed a crime against you, you may be able to start a civil action against them to claim for monetary compensation. Before starting civil action, you should get legal advice.

If you are unhappy with the way the police responded when you reported a crime you can also make a complaint.   

For more information, see How to lodge a complaint on the NSW Police Force website. 

Can I have criminal charges against someone dropped?

Once a person has been charged with an offence, it is up to the police or prosecutor to decide whether to drop the charges.

The police or prosecutor have to follow guidelines, which outline the factors they must consider in deciding whether to stop criminal proceedings, including:

• the views of the victim and Police Officer in Charge about dropping charges
• any matters the accused person raises
• any issues with evidence
• anything else relevant to the matter.

For more information, see Prosecution Guidelines on The Office of the Director of Public Prosecutions website.

If you want the police to drop the charges against someone, you will need to speak to the Police Officer in Charge of the case, or write to them requesting that the charges be dropped and giving your reasons for why with the charges should be dropped.

Before you contact the police, you should get legal advice.

Can I have domestic violence charges ​​against someone dropped?

Once a person has been charged with an offence, the police or prosecutor decide whether to drop the charges.

The police or prosecutor have to follow guidelines, which outline the factors they must consider in deciding whether to stop criminal proceedings, including:

• the views of the victim and Police Officer in Charge about dropping charges
• any matters the accused person raises
• any issues with evidence
• anything else relevant to the matter.

If the person is charged with a domestic violence offence, there are additional factors the police or Prosecutor must consider, including:

• the seriousness of the offence that took place
• the history of the relationship between the victim and accused
• whether there have been any other previous criminal charges (of the same nature)
• the victim's views and whether they are being intimidated, harassed, threatened or coerced
• any likelihood of the accused committing a domestic violence offence again
• if the victim is continuing a relationship with the accused
• any previous police involvement, for example, frequent police reports or attendance at a home
  
• any injuries to the victim
• whether any weapons were involved
• the effect on any children.

For more information, see Prosecution Guidelines on The Office of the Director of Public Prosecutions website.

If you want the police to drop the charges against someone, you will need to speak to the Police Officer in Charge of the case, or write to them requesting that the charges be dropped and giving your reasons for why with the charges should be dropped.

Before you contact the police, you should get legal advice.

What if I am unhappy with the police​ investigation?

If you have been dealing with officers at your local police station and you are unhappy with their action or inaction, you may be able to speak to a specialist police officer in some situations.

Specialist police officers can help to support you in dealing with the police. They include:

• Domestic Violence Liaison Officers
• Aboriginal Community Liaison Officers
• Multicultural Community Liaison Officers
• Gay and Lesbian Liaison Officers
• Youth Liaison Officers.
  

If you want to speak to a specialist police officer, you should ask about this at your local station.

If you are not happy with the police, you can make a complaint to:

• the Local Area Commander
• the Police Customer Assistance Unit
• your Local Member
• the Law Enforcement Conduct Commission.
  

Aboriginal women, children and youth can get assistance making a complaint from Wirringa Baiya Aboriginal Women’s Legal Centre. For more information, see Legal Advice and Casework on the Wirringa Baiya Aboriginal Women’s Legal Centre website.

For more information, see How to lodge a complaint on the NSW Police Force website. 

Do I have rights as a ​victim?

Victims' rights are outlined in the Charte​r of Victims Rights​ in the Victims Rights and Support Act 2013 (NSW).

Government organisations and non-government organisations funded by the State government must follow this Charter when dealing with victims of crime.

If you believe that a NSW Government or non-government agency or contractor funded to provide services to victims of crime (excluding private legal officers and medical practitioners) has not acted in accordance with the Charter of Victims Rights, you are entitled to make a complaint.

For more information, see Charter complaints on the Victims Services website. 

Do I have a right as a victim to know what the accused has been charged with?

Yes. Under the Charter of Victims' Rights a victim should be told:

• what the charges are or why the accused has not been charged
  
• any decision the prosecution makes to change or drop charges
  
• the date and place of the hearing
  
• the final court result, including any appeal or gaol sentence given.
  

If you are not given any information, you can make a complaint to that agency or service.

If the agency or service is a government organisation and you are still not satisfied with the outcome after making a complaint, you can make a complaint to the NSW Ombudsman. For more information, see the NSW Ombudsman website.

For more information about Victims' Rights, see Your rights under the charter on the Victims Services website.

For further information about making a complaint, see Charter complaints on the Victims Services website.

Can I report a crime without​ ever going to court?

If you report a crime, the police may want you go to court to be a witness. Whether you have to go will depend on the circumstances. If the person pleads guilty, you may not need to go to court. If the person pleads not guilty, there will be a hearing and the police may want you to be a witness.

If you don't want to go to the hearing, you can tell the police that you don't want to be a witness. If they need your evidence, they may subpoena you to attend the hearing. A subpoena is an order from the Court that you must go to court to give evidence. If you do not go to court and do not have a reasonable excuse, the Court may issue a warrant for your arrest. 

For more information, see the Subpoenas topic.

You might be able to give evidence remotely (by video from a different location). You should speak to police about this.

Do I need a lawyer?

If you are the victim of a crime, you do not need a lawyer for criminal proceedings against the offender. The police are responsible for running the case.

However, you may still require legal advice in certain circumstances, for example, if you want to have the charges dropped, were involved in the crime or have committed an unrelated offence in the past and are required to attend court to give evidence at the hearing.

If you want to take separate civil action, or bring a private prosecution, you should get legal advice.

Where can I get support?

The following non-legal support services are available to victims of crime:

Who will provide support​​ if I have to go to court?

The following services will provide assistance to victims:

• Witness Assistance Service (WAS) has social workers, psychologists and counsellors who provide help with information, referrals, court support and preparation. It also has a specialist service for Aboriginal clients.
  
• Womens Domestic Violence Court Advocacy Program provides information, advocacy and referrals for women who are the victim of family or domestic violence attending court for an Apprehended Violence Order and/or associated criminal charges.
  
• Wirringa Baiya Aboriginal Women’s Legal Centre provides information, referrals and legal advice for women, children and youth who are the victim of family or domestic violence. Their staff regularly attend court as a support person in the Federal Circuit and Family Court of Australia and Women’s Domestic Violence Court Advocacy Scheme (WDVCAS)
  
• other legal services, including various Community Legal Centres, for example, Women's Legal Service for women who are victims of domestic or family violence or sexual assault.

Can I get access to ​court transcripts?

If you are the victim of a crime and there were criminal proceedings against the offender, you may be able to access court records, sometimes for free. 

Can I give a statement​ at the sentencing hearing?

In some cases, you may be able to provide a victim impact statement at a sentencing hearing. A victim impact statement is a written statement that explains to the court the effect a crime has had on you and your life.

You should get legal advice about whether you can submit a victim impact statement at court.

For more information about writing a victim impact statement, see Victim impact statements on the Victims Services website. 

For forensic patients, there may be other instances when you can submit a victim impact statement.

For more information, see Involvement of Registered Victims on the Mental Health Review Tribunal website.

What is a victims register?

In NSW, there are three different victims' registers:

• Corrective Services NSW Victims Register - for victims of adult offenders
  
• Specialist Victims Register - for victims of forensic patients
  
• Juvenile Justice Victims Register - for victims of juvenile offenders.
  

Victims registers allow victims of crime to be updated about the status of offenders.

For more information, see Victims Registers on Victims Services website.

Who can request to be on a victims register?

Anyone who is the victim of an offence where the offender was sentenced to prison can request to be recorded in the victims register.

You can also apply if you are the victim of:

• some terrorist offences
• physical or mental harm by an offender
• your property has been deliberately taken, destroyed or damaged by an offender.

Victims under the age of 18 years of age may have a family representative recorded in the register instead of them. Any victim recorded in the register can nominate another person to act on their behalf and receive information on their behalf.

Interested persons can also request to be recorded on the register. You are an interested person if your life or safety is reasonably expected to be endangered because of a connection between you and the offender. This may include situations where:

• the offender has a history of mental harm or physical violence against you
• you have or had a domestic relationship with the offender
• you share parental responsibility with the offender
• you were a witness in proceedings against the offender
• you provided evidence used in proceedings against the offender
• you are a victim of a previous serious offence or offence of a sexual nature, within the meaning of the Crimes (High Risk Offenders) Act 2006, committed by the offender
• you are or were a Government employee who provides or provided the offender with an ongoing professional service.

Can I get​ information about an adult offender while they are in gaol?

You may be able to apply to go on the Corrective Services NSW Victims Register to get information about an adult offender if:

• you are a victim of an offence for which an adult offender has been sentenced
• you are a family representative of the victim who is deceased, incapacitated or under 18 years of age (more than one family representative may be able to be registered for a victim)
• you are an interested person, or
• you have been nominated as a representative by a registered victim.

You can’t apply if you:

• were a witness or bystander and were not injured by the offence
• are not related to the offender or victim
• are a community representative or group. 

If you are added to the register, you may get information about:

• the offender’s sentence details, eligibility for pre-lease, unescorted leave, re-integration home detention and parole
• the offender’s security classification and location in custody
• if the offender’s parole is revoked
• if the offender escapes from custody and when they are recaptured
• if the offender dies while serving a sentence
• that the offender will be released
• how to provide submissions for parole or unescorted leave considerations.

For more information, see Victims support on the Corrective Services NSW website. 

What information can I get if I am on the Specialist Victims Register?

If you are on the Specialist Victims Register, you can elect to be notified when: 

• the forensic patient is due for a mandatory Tribunal hearing
  
• an application is made for a review of the forensic patient (outside of the regular mandatory hearings)
  
• the Tribunal makes or changes an order granting the forensic patient leave or release
  
• the Tribunal makes an order to apprehend and detain a forensic patient who has breached their leave or release conditions
  
• the forensic patient appeals against the tribunals decision
  
• the forensic patient is no longer a forensic patient. 
  

You also have the right to be told about:

• the orders that the forensic patient (or their treating team) is seeking at a Tribunal hearing
  
• the location of a Tribunal hearing
  
• the outcome of a Tribunal review hearing
  
• the Tribunals general reasons for any decision about leave or release
  
• any known safety concerns that may affect you, in relation to a Tribunal hearing or the breach of an order by the forensic patient. 
  

For more information, see Specialist Victims Register on the Victims Services website.

Can I get information about a young offender while they are in custody?

If you are a victim of an offence for which a young offender has been found guilty and sentenced, and the offender is currently in custody in a Youth Justice centre, you may be able to get information about them by applying to go on a Victims Register maintained by Youth Justice. 

You may be able to get information about:

• initial approval to undertake day leave
  
• initial approval to undertake overnight leave
  
• impending discharge from custody or transfer to an adult correctional centre
  
• impending parole
  
• escape or failure to return from leave and subsequent re-apprehension
  
• revocation of the offender's parole and return to custody
  
• general area of residence on release from custody. 
  

For more information, see Victims register on the Youth Justice website. 

What can I do if I want ​​to leave​​ the relationship?

If you are experiencing domestic or family violence and you want the relationship to end, or you want to leave the home, you should get urgent legal advice about your situation.

You can contact:

• the NSW Domestic Violence Line for support and for referrals to counselling, accommodation and other assistance
  
• the Family Advocacy and Support Service (FASS) at Legal Aid NSW for legal advice and other support services.
  

If I want to leave - where will ​I go?

If you have concerns about finding a safe place to go to, you should contact the NSW Domestic Violence Line as they can help you with a referral to a refuge.

You should also get urgent legal advice about your circumstances.

If you have a pet you are concerned about you can also contact the Community Domestic Violence Program provided by RSPCA NSW.

What if I don't have ​​access to money?

You should contact the NSW Domestic Violence Line as they can go through your options for financial assistance.

You should also get urgent legal advice about your situation.

What if the police ​won't help me?

If you have reported the situation to the police and they won't help, you can try speaking to the Domestic Violence Liaison Officer (DVLO) at your local police station. You should also get legal advice about your options.

If the police won't assist you with an application for an Apprehended Violence Order, you may be able to make a private application.

Before you apply for an Apprehended Violence Order, you should get urgent legal advice.

Where can ​​I get support?

The following services are available:

• NSW Domestic Violence Line - a State-wide free service available 24/7 with trained caseworkers who provide counselling, support and referrals to refuges and financial assistance
  
• Mensline Australia - a free national service available 24/7 providing telephone and online counselling for male victims of domestic violence
• Women's Domestic Violence Court Advocacy Program - a service that provides women with court support, advocacy, referrals and information
  
• Victims Access Line (VAL) - counselling and support provided by Victims Services
  
• RSPCA Community Domestic Violence Program - provides temporary housing for pets of people who are seeking refuge from domestic violence
• Women's Legal Services NSW - a specialist legal service providing free and confidential legal services to women, including a Domestic Violence Advice line.​
  

What is the Domestic Violence Disclosure Scheme?

The Domestic Violence Disclosure Scheme pilot let people who may be at risk of domestic violence apply to find if their current or former partner had a history of violent criminal offences. The pilot was completed 1 July 2019.

For more information, see Domestic Violence Disclosure Scheme on the Women NSW website.

Can I apply for ​compensation?

Victims of crime can apply for counselling, financial assistance or recognition payments. There are rules about who is eligible to apply and what type of support may be available depending on the crime committed and your circumstances.

It is possible to make a civil claim for compensation through the Courts or receive compensation under a Criminal Compensation Order. Before making a civil claim, you should get legal advice.

Can I apply for victims' ​support?

If you are the victim of a crime, and you are not an excluded person, you may be eligible to apply for:

• counselling
  
• financial assistance for immediate needs up to the maximum amount of $5,000, for example, to cover expenses for urgent medical treatment or to change the locks in a house for safety reasons
• financial assistance for economic loss up to the maximum amount of $30,000
• a recognition payment.

For more information, see Victims Support Scheme on the Victims Services website.

You may want to get legal advice about applying for victims support. A lawyer can advise you about whether or not you are eligible and/or what you may be entitled to. A lawyer can also advise you about other options, for example, asking the Court to make a Criminal Compensation Order if the offender is convicted or take private civil action for compensation.

Who is​ excluded?

You are not eligible for victims support if you:

• have been paid or are entitled to be paid compensation awarded by a court or have an application pending  
  
• were involved in a motor vehicle accident and are entitled to receive support under motor vehicle compensation laws, unless the act of violence took the form of intentional killing of the primary victim and a person has been charged with murder in relation to the death of the primary victim
  
• were an offender involved in the crime
• were in gaol serving a sentence at the time the offence was committed against you, unless there are special circumstances to your case.

What if I didn't report the crime?

You are not required to report the crime to the police to be able to apply for counselling. However, you must report the crime to the authorities, such as the police or other government organisation, and have evidence of medical or psychological injuries to apply for a recognition payment. 

To apply for financial assistance, you further need to submit evidence of expenses that results from the act of crime.

What if ​the police haven't ​​charged anyone?

You can still apply for counselling, financial assistance or a recognition payment, regardless of whether the police have laid charges, as long as you reported the incident to police or a government organisation.

Can I ​​apply for support if the offender was found not guilty?

Victims support can still be paid to an eligible person even if the offender was found not guilty, or charges were dismissed at court.

Is there a time limit?

Can I apply​ for counselling?

You may be eligible for counselling if you are:

• the primary victim
  
• a secondary victim
  
• a family victim or a relevant family member.

For more information, see Counselling on the Victims Services website.

How do I apply for​ counselling?

To apply for counselling, you need to fill out an application form for counselling. 

You can do this online, or in writing. For a copy of the form, see Counselling on the Department of Communities and Justice website. 

If you want more information about arranging counselling, contact the Victims Access Line (VAL).

What is financial assistance?

Financial assistance is money that can be paid for:

• immediate needs (up to $5,000) for expenses incurred urgently to secure the victim's safety, health and well-being
  
• for economic losses, including out of pocket expenses, loss of actual earnings, medical and dental expenses, justice-related expenses, and assistance services.
  

Financial assistance is different to a recognition payment.

There are rules about who is eligible for financial assistance and caps on the amount of financial assistance in certain circumstances. If you are not sure whether you can apply for financial assistance, or how much you may be entitled to, you should get legal advice. A lawyer can also advise you about other options, for example, asking the Court to make a Criminal Compensation Order if the offender is convicted or consider taking private civil action for compensation.

What is the immediate needs support package?

It is a package from Victims Services that provides a grant of financial assistance to victims of domestic violence to meet their immediate needs following an act of domestic violence.

For more information, see Immediate needs support package on the Victims Services website.

Who is eligible to apply for the immediate needs support package?

You may be eligible if:

• you experienced domestic violence in NSW
• the act of violence occurred less than 2 years ago
• you need to urgently relocate as a direct result of the act of violence and or/ install security at your home.

For more information, see Immediate needs support package on the Victims Services website.

How do I ​​apply for financial assistance?

You can apply for financial assistance by:

• completing the Application for support for primary victims, and
• providing your supporting documents.

You can apply online or in writing. 

For more information, see Financial support on the Victims Services website.

You can also speak to Victims Services if you want information about the forms you need to complete.

What is a recognition ​payment?

A recognition payment is a lump sum payment made to a victim, or family member of a victim, in recognition of the trauma they have suffered as a result of an act of violence. 

There are different rules about who is eligible for a recognition payment, and how much a person will be paid depending on the crime that was committed. 

For more information, see Recognition payment on the Victims Services website.

How do I apply for a ​recognition payment?

You can apply for a recognition payment by:

• completing an application form, and
• providing support documents, including medical, dental or counselling reports to show how you have been affected by the crime. 
  

You can apply online or in writing.

For more information, see Recognition payment on the Victims Services website.

How much is a recognition​​ payment?

The amount of each payment varies depending on the act of violence committed. 

For more information, see Recognition payment on the Victims Services website.

Can I apply for a recognition payment if I am the victim of domestic violence?

You may be eligible to apply for a recognition payment if you have been the victim of what is known as a personal violence offence and suffered injury. This can include a psychological injury. 

If you are not sure if this applies to you, you should speak to Victims Services or you can get legal advice about your circumstances.

You may also be entitled to apply for counselling or financial assistance.

What ​evidence do I need?

If you are applying for financial assistance, you will need to provide evidence to support your claim, including:

• a police report, or report from a government agency or any other agency that provides support services including welfare, health, counselling and legal assistance
  
• a medical, dental or counselling report to verify that you have been injured as a result of the act of violence
  

• receipts or invoices for certain expenses, or payslips to show loss of earnings.
  

For more information, see Financial support on the Victims Services website.

Do I need a​​ lawyer?

You don't need a lawyer to apply for counselling, financial assistance or a recognition payment. 

Victims Services will assist you to make a claim, but they can't give you legal advice.

You can get legal advice if you want to, but you may have to pay legal fees. Victims Services no longer pays for legal fees. If you want a lawyer to help you apply for victims support, you can contact the Law Society for a referral to a private lawyer.

Who can help me with​ my application?

If you are the victim of a child abuse, domestic or family violence, or sexual assault, you may be able to get some free legal advice or assistance about applying for counselling, financial assistance or a recognition payment.

For legal advice or assistance, you can contact:

• Victims Access Line on 1800 633 063
• Women's Legal Service
• your nearest Community Legal Centre.

Aboriginal women, children and youth can contact:

• Wirringa Baiya Aboriginal Women’s Legal Centre
• your local Community Legal Centre
• Victims Services Aboriginal Contact Line on 1800 019 123.
  

Can I authorise someone to speak to Victim Services on my behalf?

If you have applied for victims support, you can authorise someone to speak on your behalf, and receive correspondence from Victims Services.

You can authorise a lawyer, a support worker, a family member or friend.

You don’t need to authorise someone who has legal decision-making power for you, such as a parent, guardian, or financial manager.

For more information, see Make an application on the Victims Services website.

Will the offender know if I ​apply for victims support?

If you make a claim for counselling, financial assistance or a recognition payment, the offender will not be given specific information about your claim.

If you are paid an amount of money as financial assistance or a recognition payment, the government can try to recover the amount you are paid from the offender. This is called restitution. The offender will be sent a provisional notice for restitution explaining who the payment was made to, the amount and the date of the payment, and the offence for which it was paid. The offender won't get any other details from your file, such as information about counselling or your doctor's records.

In some circumstances, Victims Services can decide not to pursue an offender for restitution, for example, where you have fears for your safety. Speak to Victims Services about this if you have concerns.

What if the crime occurred​​ at work?

If you make a worker's compensation claim and apply for financial assistance or a recognition payment, your application will not be assessed until all of your workers compensation entitlements are determined.

You still need to make your victims support application within the time limits, but the assessment of the application will be adjourned (put off) until the workers compensation matter is decided.

You should get legal advice if you are applying for workers compensation and financial assistance or a recognition payment.

Will I have to go to a​ hearing?

There is no hearing if you apply for counselling, financial assistance or a recognition payment. Your application will be assessed on the papers with any evidence you provide.

Can I apply for a​​ review?

If you have applied for counselling, financial assistance or a recognition payment and you are unhappy with the decision, you can apply for an internal review within 90 days from the date you were notified of the decision.

You need to apply in writing, and clearly outline the reasons why you are requesting the review. You do not have to pay a fee.

You will be notified of the outcome of the review within 42 days after your request is received.

For more information, see Request an internal review on the Victims Services website.

If you are unhappy with the decision made about your application for victims support, you should get legal advice about applying for an internal review.

What if I dispute the outcome of an internal review?

If you are unhappy with the outcome of an internal review in respect of a recognition payment, you can apply for a review within 28 days to the NSW Civil and Administrative Tribunal.

To do this, you need to complete an Administrative review application and pay the fee.

There is no appeal from an internal review about an application for counselling or financial assistance.

Can I appeal a decision​​ of the NSW Civil and Administrative Tribunal?

If you want to appeal the decision of the NSW Civil and Administrative Tribunal (NCAT), you should get legal advice about your case.

An appeal can be made to the Supreme Court of NSW within 28 days of the decision, but only on a point of law.

What other​ compensation can I apply for?

You should get legal advice if you want to start civil action against the offender for compensation. This is a separate type of action from the application you can make with Victims Services for financial assistance or a recognition payment under the Victims Support Scheme.

In some cases, compensation for injuries or loss can also be awarded when an offender is convicted of an offence.

If you take civil action, you won't be eligible for financial assistance or a recognition payment under the victims support scheme. You can usually only make one type of claim.

Can I make a claim for property ​damage?

You can't make a claim for victims support (financial assistance or a recognition payment) if you have only suffered property damage as a result of a criminal offence, for example, graffiti on your house, or damage to your car from vandals.

If you want to make a claim because of property damage, you may be able to:

• start a civil claim (in the form of debt recovery proceedings) against the person that caused the damage, and/or 
• speak to the police about getting a Criminal Compensation Order.

If you want to start a civil claim, you should get legal advice.

What is a Criminal Compensation​ Order?

A Criminal Compensation Order is an Order of the Court directing a defendant, who has been found guilty of an offence, to pay compensation to their victim if they have suffered an injury or loss, or destruction or damage to property as a direct result of the offence. The Court can make a criminal compensation order for injury up to a maximum of $50,000 and up to $40,000 for loss.

How do I ask for a Criminal Compensation​ ​​Order to be made?

You can ask for a criminal compensation order by:

• speaking to the Police Prosecutor 
• applying to the Court. 
  

You should speak to the Prosecutor before the court date as a criminal compensation order can't be made after the sentence. 

You may have to provide evidence of your loss, for example, receipts showing repairs to property, or medical bills showing treatment you have paid for. It is up to the Court to decide whether a Criminal Compensation Order is made when the offender is convicted. 

The Court can also make this order of its own free will.

If the Court decides to make a Criminal Compensation Order, you won't be entitled to apply for support under the Victims Support Scheme or you may have to repay any financial assistance or recognition payment you have already been paid.

Before you apply for a Criminal Compensation Order, you should get legal advice about your circumstances.

If you are a victim and the criminal case has already been finalised without a Criminal Compensation Order being made, you should get legal advice.

How do I get the money the Magistrate ordered to be paid for criminal ​compensation?

If a Court makes a Criminal Compensation Order, the defendant must pay the amount to the Court registry within 28 days. The court registry will then send the money to you by an electronic funds transfer (EFT).

If a defendant does not pay the compensation within the 28 days, you can ask the Court to give you a Certificate of Conviction or Certificate of Order.

You can apply for the certificate:

• in writing, for example by sending a letter or email
  
• in person at Court.
  

The application must be made to the Court where the Defendant was sentenced.

The court staff will then complete the certificate which will:

• identify the Criminal Compensation Order
  
• specify the name and address of the offender
  
• specify the amount required to be paid by the offender.
  

The certificate needs to be registered as a judgment of the Court and then it can be enforced. You do not have to pay any fees for this.

How do I enforce a Criminal Compensation Order?

When you have the Certificate of Order or Convictions, you can register it with the Local Court so that it becomes a judgment. You don't need to pay any fees for obtaining or registering the certificate.

When you have a judgment, you can start enforcement action, for example, apply for a writ for levy of property or a garnishee order.

For more information on enforcing a debt, see Enforcement in the My problem is about section of our website.

Before you apply to enforce an order, you should get legal advice.

What is the​ sexual assault​​ communications privilege?

The sexual assault communications ​privilege is a privilege that protects communications between a victim of sexual assault and a counsellor, doctor, or other person providing services in a confidential therapeutic setting. It limits the disclosure of the communications that are protected. It covers a wide range of confidential information including counselling or caseworker notes, health files, drug and alcohol records, letters and referrals between health professionals.

The privilege also means that a victim can't be forced to provide documents or give evidence that would disclose the identity of their counsellor. 

Do I have to comply with a ​subpoena for my client's records? 

Before you respond to any request for information for your client's records, you should think carefully and get legal advice. The records you have from counselling a victim of sexual assault may have a special protection under the sexual assault communications privilege. There are also other grounds that can mean you do not need to supply all or some of your records.

For more information, see Their privacy is your priority on the Ways to get help section of our website.

You can contact the Sexual Assault Communications Privilege Service for advice.

How can I stop my counselling records being used in my court case?

If you are the victim of a sexual assault, your counselling records may be protected by the sexual assault communications privilege. 

You may be able to use the privilege if you are asked to provide information about the name of your counsellor.

If the records are subpoenaed, you and your counsellor should get legal advice about claiming the privilege so that the records can remain confidential. 

For advice and representation, c​ontact the Sexual Assault Communications Privilege Service.