Previous Page

Victims rights

Information about making a police report, victims rights and support services, and the sexual assault communications privilege.

  • This topic covers

    This topic covers

    • Reporting crimes to the police
    • Support services for victims of crime
    • Victims rights, including victims registers
    • Applying for counselling, financial assistance or a recognition payment
    • The sexual assault communications privilege.
  • Your safety is important

    Your safety is important

    If you feel unsafe or are experiencing any violence, contact the police, a domestic violence counsellor or get legal advice.

Reporting a crime 

Time limit  Action
No time limitFor reporting a crime to the police. You can report old crimes, but it is up to the police whether or not to investigate or lay charges. Some crimes have a time limit for when police can lay charges.

Counselling

Time limitAction
No time limitTo apply for counselling under the Victims Support Scheme.

Financial Assistance 

Time limitAction
Two years

From when the crime was committed to apply for financial assistance, if you were over 18 when the crime was committed.

If you were under 18 when the crime occurred, the two years starts from when you turned 18.

Five yearsClaims for financial support, through an eligible application, may continue to be made for a period of five years after the application was lodged with Victims Services, or until the maximum financial support has been approved.

Recognition Payment 

Time limitAction
Recognition payments - Victim Under 18 (child)
10 yearsFrom when you turn 18, to apply for a recognition payment for a ​​domestic violence and child abuse offence.
No time limitTo apply for a recognition payment for a sexual assault offence.
Two yearsFrom when you turn 18, to apply for a recognition payment for all other offences.
Recognition payments - Victim over 18 (adult)
10 years

From when the act of violence was committed, to apply for a recognition payment for:

  • ​a domestic violence and child abuse
  • a sexual abuse offence.
Two yearsFrom when the act of violence was committed, to apply for a recognition payment for all other offences.
Recognition payments - Family victims
Two yearsFrom the date it was confirmed that the primary victim died as a direct result of the relevant act of violence (not the date of the relevant act of violence) to apply for recognition payment.

Lapse of an application for victims support

Time limitAction
12 monts

An application for victims support may lapse if:

  • it has been 12 months since the applicant was first asked to provide evidence to support their application
  • Victims Services, during that 12-month period, has requested on at least three separate occasions that the applicant provide evidence
  • Victims Services decides that the applicant does not have a valid reason for not providing that evidence.

Reviews and appeals

Time limitAction
42 daysYou should be notified of the outcome of an internal review.
90 daysAfter you are notified of a decision about your application for victims' support to apply for an internal review of the decision. 
28 daysFrom when the internal review is finalised to apply to the NSW Civil and Administrative Tribunal (NCAT) for a review of a decision about a recognition payment.
28 daysFrom of the date a decision was made by NCAT to appeal to the Supreme Court of NSW on a point of law.

Organisations

OrganisationResponsibilities
Local Court of NSWHas the power to make criminal compensation orders.
NSW Civil and Administrative Tribunal (NCAT)Has the power to review decisions about recognition payments and restitution orders.
Victim ServicesAssesses applications for counselling, financial assistance and recognition payments, and provides support services for victims of crime, including the Victims Access Line (VAL). 

Legislation

AuthorityCovers

Victims Rights and Support Act 2013 (NSW)

Victims Rights and Support Regulation 2019 (NSW)

Establish the victims support scheme, criminal compensation orders and recovery of money from offenders, and outlines the Charter of Victims Rights.

Common termDefinition

Act of violence

An act, or series of acts, that:

  • occurred when a criminal offence was being committed
  • involved violence against a ​​​person, including sexual assault and family or domestic violence
  • causes mental or physical injury or death.

Decision maker or Assessor

A person who makes a decision about an application for victims' support.

Charter of Victims' Rights

 

A charter that sets out the principles as to how a victim of crime can expect to be treated by all government departments, including the police, Prosecutors and any services funded by the government.

Criminal compensation order

An order made by a Court for a convicted offender to pay the victim of their crime an amount of money to compensate them for loss or injuries.

​Recognition payment

​A recognition payment is a lump sum of money paid by Victim Services to a victim to recognise the trauma they have suffered as a result of an act of violence.

​Family victim

​A person who is an immediate family member of the primary victim who has died as a result of the act of violence.

Members of the immediate family include:

  • the victim's spouse
  • victim's de facto partner who has lived with the victim for at least two years
  • a parent, guardian or step-parent of the victim
  • a child or step-child of the victim
  • a child who the victim was the guardian for
  • a brother, sister, half-brother, half-sister, step-brother or step-sister of the victim.

​Forensic patient

​A forensic patient is a person who the Court has:

  • found unfit to be tried for a crime and ordered to be kept in a correctional centre, mental health facility or other place
  • found not guilty because of a mental illness or given a limiting term and kept in a prison, hospital or other place
  • found not guilty because of a mental illness and released into the community on certain conditions.

​Primary victim

​A person who is injured or dies as a direct result of the act of violence. This includes a person who is injured or dies as a direct result of:

  • trying to prevent a person from committing the act of violence
  • trying to help or rescue a person that is or has been the subject of the act of violence
  • trying to arrest the person who is committing or has committed the act of violence.

​Relevant family member

​A person who is a relative of a primary victim who has died as a result of an act of violence, but who is not a family victim.

Royal Commission

 

A special type of investigation into a particular issue, for example, the Royal Commission into institutional responses to child sexual abuse.

A Royal Commission is appointed by government. 

A Royal Commission can take statements from people about the issue, hold hearings, and will submit a report with recommendations for improvements and legal change.

​Secondary victim

​A person who is injured as a direct result of seeing the act of violence against the primary victim. This includes a person who is injured as a direct result of becoming aware of the act of violence, but only if:

  • the person is the parent or guardian of the primary victim
  • the primary victim was under 18 years at the time of the act of violence
  • the person is not the person that committed that act.
​Subpoena
A legal document that orders you to attend court to:
  • give evidence on a certain day
  • provide documents or other things to the Court within a certain time, or 
  • both.

Victim impact statement

A victim impact statement is a written statement that explains to the Court the effect a crime has had on you and your life.
Victims Register

The Victims Register may share certain information about adult offenders who are serving a sentence (in custody or on parole) in New South Wales.

To be on the Victims Register, you must be:

  • the direct victim of an offence
  • a family representative of a victim
  • an interested person, or
  • a nominated representative of a registered victim.

OrganisationFee
Victims ServicesYou don't have to pay a fee when you apply for victims support.
Administrative and Equal Opportunity Division of the NSW Civil and Administrative (NCAT) You have to pay a filing fee if you are applying for a review of a decision about a recognition payment - see Fees and charges on the NCAT website. 

OrganisationForms
Victims ServicesApplication forms in PDF
  • Application for funeral expenses by a funeral director
  • Application for counselling
  • Application for support for primary victims
  • Family victims application for support form
  • Forensic cleaning expenses
  • Immediate needs support package
  • Authorising a representative form

TypeCosts
Legal costsIf you get a lawyer to help you apply for counselling, financial assistance or a recognition payment, you will have to pay their legal costs. You won't be able to claim these costs back in your application.​
Woman working on computer

Frequently Asked Questions

Frequently Asked Questions about victims rights.

Go to questions

Our services

Family Advocacy Support Service

The Family Advocacy and Support Service (FASS) can help customers affected by family violence with a family law issue.

Sexual assault communications privilege service

Provides legal advice and representation to victims of sexual assault to claim the privilege when thier confidential records are subpoenaed.

More services

Community Legal Centres NSW

Community legal centres give free and confidential legal help to people in need.

Knowmore

Knowmore provides free, independent legal advice and support for survivors of child abuse. Call on 1800 605 762 Monday to Friday 9am to 5pm.

NSW Health

NSW Health provides medical treatment to victims of crime, including through the NSW Sexual Assault Service.

Redfern Legal Centre

Redfern Legal Centre assists to victims of crime with complaints against NSW Police.

Solicitor Referral Service

If you need legal help and are looking for a law firm, the Law Society of NSW Solicitor Referral Service (SRS) can provide you with a referral.

Victims Services

Victims Services provides counselling, financial support and a recognition payment to victims of a violent crime. Call the Victims Access Line on 1800 633 063 for more information.

Warra Warra Legal Service

Warra Warra is a specialist Family Violence Prevention Legal Service that provides trauma informed, culturally safe services. Call on 1800 812 800.

Wirringa Baiya

Wirringa Baiya Aboriginal Women's Legal Service provides help for women that are victims of sexual assault and domestic or family violence. Call on 1800 656 587.

Women's Legal Services NSW

The Women's Legal Services NSW provide legal help to women that are victims of sexual assault and domestic or family violence.

Last updated: April 2024