Assistance for victims of crime

The Victims of Crime Assistance Act 1996 (Vic) (‘VOCA Act’) establishes the VOCAT scheme which sets out how victims of crime may apply for assistance. It also sets out their entitlements, and the powers and procedures of the Tribunal. Prior to 1996, victims of crime made applications pursuant to the Criminal Injuries Compensation Act 1983 (Vic) and the Criminal Injuries Compensation Act 1972 (Vic).

VOCAT has a helpful webpage (www.vocat.vic.gov. au) which contains information regarding VOCAT applications and the operation of VOCAT, including practice directions and guidelines, legislation and selected Victorian Civil and Administrative Tribunal (VCAT) review cases under various subject headings.

The role of VOCAT is to provide financial assistance to victims of violent crime committed in Victoria. VOCAT aims to assist victims to recover from a crime by providing financial assistance for expenses incurred, or reasonably likely to be incurred, as a direct result of the crime. VOCAT is intended to be utilised where compensation for the injury cannot be obtained from the offender or other sources, and complements other government services provided for victims of crime.

The Victims of Crime Assistance (Special Financial Assistance) Regulations 2021 (Vic) (‘VOCA Regulations’) need to be read in conjunction with the VOCA Act and prescribe four categories of acts of violence of increasing severity for primary victims. They also specify when ‘uplifts’ may be made from lower to higher categories for the purposes of obtaining ‘special financial assistance’. 

Koori VOCAT List 

Any applications for assistance made by people identifying as Aboriginal or Torres Strait Islander are transferred to a specialised Koori VOCAT List. This list is managed by a Koori VOCAT List Registrar and Administrative Deputy Registrars.

VOCAT promotes more flexible practices with Koori List applications. A cultural support plan is provided to the applicant with an acknowledgement letter after filing an application. This document needs to be completed and returned with the statement of claim. A Koori engagement officer liaises with applicants and is able to meet with them, where necessary or requested, to support and encourage them to complete applications, assist them to stay in contact with VOCAT and refer them to any necessary support services. While most applications are dealt with administratively, when hearings are held tribunal members assigned to these matters have had cultural awareness training and are specialised in dealing with Koori matters. The Koori engagement officer can attend hearings as a support person if required (see VOCAT Practice Direction 4 of 2022). 

Who can apply to VOCAT? 

A person may apply for financial assistance if an ‘act of violence’ was committed against them, and they have suffered a mental or physical injury (as defined in sections 3 and 3(2) of the VOCA Act) as a direct result of that act of violence. Injury does not include injury arising from loss or damage to property. The applicant must also satisfy the definition of a primary, secondary or related victim under the VOCA Act, or have incurred funeral expenses as a direct result of the death of a primary victim. The act of violence must have occurred in Victoria.

The definition of ‘act of violence’ is multi-layered. It is set out in section 3 of the VOCA Act and includes offences punishable on conviction by imprisonment, that involve an assault on, or injury or threat of injury to a person; or sexual offences or common law rape or assault with intent to rape; stalking, child stealing, kidnapping or conspiracy, incitement or attempting to commit any of these offences. Any legal incapacity (e.g. by reason of age or mental impairment) or lawful defence which would render the offender unable to be charged is disregarded for the purposes of the definition, thus enabling victims to claim even though an offender cannot be charged.

If the applicant is the victim of multiple offences committed at approximately the same time, or over a period of time by the same person or group of people, or if the multiple offences have other common factors, VOCAT will treat these as a single act of violence. Submissions may be made to treat them as different acts of violence, and VOCAT may do so having regard to the ‘particular circumstances’ of those acts (s 4). Repeated assaults over a period of time by the same offender would therefore be classed under a single application and would result in a single award of assistance.

Even if no-one has been charged with, or found guilty or convicted of, an offence, the tribunal may still award assistance in respect of an act of violence (s 50(4)).

The VOCA Act distinguishes between primary, secondary and related victims and a person may only apply in one category (s 18).

A primary victim is a person who is injured (physically or mentally) or dies as a direct result of an act of violence (hereinafter referred to as a ‘crime’) committed against them. A primary victim is also a person who is injured (physically or mentally) or dies as a direct result of trying to arrest someone they believe has committed a crime, or trying to prevent the commission of a crime, or trying to aid or rescue someone they believe is a victim of a crime, whether or not a crime is actually committed (s 7).

A secondary victim is a person who is injured (physically or mentally) as a direct result of being present at the scene of a crime and witnessing that crime; or becoming aware of a crime where they are the parent/guardian of a primary victim who was under the age of 18 at the time the crime was committed (s 9).

A related victim is a person who, at the time of the crime, was a ‘close family member’ of, or dependant of, or had an intimate personal relationship with a primary victim who died as a result of that crime (s 11). ‘Close family member’ is defined as a person who had a genuine personal relationship with the victim at the time of their death and who is a spouse, parent or guardian of the victim; or child or step-child of the victim or some other child of whom the victim is the guardian; or a brother, sister, step-brother or step- sister of the victim (s 3).

If the crime occurred before 1 July 1997 (i.e. before the commencement date of the VOCA Act), then clause 5 of schedule 1, being a transitional provision, is triggered. Broadly speaking, for the application to be able to be made under the VOCA Act, no application can have been made under either of the former Acts, and the applicant must have been entitled to make an application under the former Acts. (See J v VOCAT [2002] VCAT 532; DJP v VOCAT [2010] 281.) 

Assistance for primary victims 

Primary victims may be awarded up to $60 000 plus ‘special financial assistance’ (SFA) (s 8(1)). The amount of $60 000 may be made up of amounts for expenses actually incurred, or reasonably likely to be incurred for counselling and medical expenses, lost earnings (up to $20 000), loss or damage to clothing worn at the time of the crime, and safety expenses (s 8(2)). Assistance can also be awarded to assist the applicant’s recovery if it can be established that exceptional circumstances exist (s 8(3)). Assistance may not be awarded for expenses incurred through loss of or damage to property (s 8(4)). Primary victims falling within section 7(2) are not entitled to SFA unless an act of violence was committed against them, as required by section 8A(2)(a). (See also Hall v VOCAT [2004] VCAT 1359 at [14]).

An applicant seeking payment for safety expenses, e.g. CCTV cameras or other security equipment, must ensure that the installer is appropriately registered or licensed pursuant to the Private Security Act 2014 (Vic). (See VOCAT Practice Direction 1 of 2018.)

Special financial assistance 

SFA may be awarded to primary victims who have experienced or suffered a ‘significant adverse effect’ (ie. grief, distress or trauma) or ‘injury’ as defined (s 8A).

SFA is available only for crimes occurring on or after 1 July 2000 (s 77(1)), with the exception of sexual offences where the victim was under 18 years old, which are treated differently. If such an offence occurred on or after 1 July 1997, then SFA applies without the need for charges to have been laid (s 77(3)(d)(i)). Alternatively, if the offence occurred before 1 July 2000 then a person needs to have been committed or directly presented for trial (on or after 1 July 1997) irrespective of the outcome (s 77(3) (d)(ii)). Or, the charges can have been determined summarily irrespective of the outcome, or the person died without the charge having been determined (s 77(3)(d)(iii)). The practical application of this section means that SFA is available for childhood sexual offences occurring at any time before 1 July 1997 if charges have been laid on or after 1 July 1997.

The amount of SFA payable is determined according to if whether the crime is classified as a category A, B, C or D act of violence (s 8A). The crimes belonging to each category are set out in schedule 1 of the VOCA Regulations, as follows:

• Category A: attempted murder; any offence involving the sexual penetration of a person;
• Category B: attempted sexual penetration of a person, sexual assault, armed robbery, aggravated burglary, deprivation of liberty for the purposes of sexual penetration or demanding a ransom;
• Category C: an attempt to commit a category B act of violence, a death threat, conduct endangering life, inflicting serious injury, robbery;
• Category D: an attempt to commit a cate- gory C act of violence, a threat of injury, assault, attempted assault, deprivation of liberty, or an act of violence not otherwise specified as a cat- egory A, B, C or D act of violence.

VOCAT ultimately determines which category of crime is appropriate, guided by any criminal charges which have been laid. In the absence of charges, the category of crime is determined by submissions addressing the satisfaction of the elements of the alleged offence on the factual circumstances. An invaluable resource setting out current and past criminal offences and their respective elements is the Victorian Criminal Charge Book located on the Judicial College of Victoria website (www. judicialcollege.vic.edu.au).

Section 8A(5) sets out a range of SFA applicable to each category. The minimum amount within the range may be awarded if the victim has suffered a significant adverse effect; and up to the maximum amount may be awarded for an ‘injury’ as defined in section 3(1). If the crime occurred between 1 July 2000 and 30 June 2007, lower amounts for SFA apply – see table below.

Category	Maximum	Minimum
A	$7500	$3500
B	$2500	$1000
C	$1000	$500
D	$500	$100

Category	Maximum	Minimum
A	$10000	$4667
B	$3250	$1300
C	$1300	$650
D	$650	$130

The VOCA Regulations allow for VOCAT to ‘upgrade’ lower categories of crimes to higher categories. Attention is therefore required to see if an uplift is possible. For example, if a crime results in a ‘very serious physical injury’ the definition of which includes physical bodily harm of a permanent or long-term duration involving loss of bodily function or disfigurement of a part of the body, then an uplift to category A is possible (Reg 7). Uplifts are also possible, for example, if the applicant was a child, or elderly, or if the applicant was suffering ‘impaired mental functioning’ at the time of the crime, which is defined as including a mental illness, intellectual disability, acquired brain injury, an autism spectrum disorder or neurological impairment including dementia.

Assist Recovery expenses

Expenses to assist an applicant’s recovery may be granted if ‘exceptional circumstances’ can be established. ‘Exceptional circumstances’ are not defined in the VOCA Act, but have been interpreted Chapter 10.6: Assistance for victims of crime 975 in VCAT review cases to be circumstances which are ‘unusual, special, out of the ordinary course and that each case needs to be considered on its merits in light of all the circumstances’ (see RN v VOCAT [2005] VCAT 2651 at [30]).

What have been considered exceptional circumstances in VCAT review cases are wide ranging and turn on the particular circumstances of each case. Examples include the nature and gravity of the crime, and the fact the victim has been suffering serious mental injury for many years as a direct result of the act of violence (see NFL v VOCAT (Review and Regulation) [2023] VCAT 877 at [59]). See also QMX v VOCAT (Review and Regulation) [2018] VCAT 614; Curtis v VOCAT (Review and Regulation) [2017] VCAT 1286; and JGD v VOCAT (Review and Regulation) [2019] VCAT 871.

When seeking expenses to assist recovery, there needs to be a clear link between the crime and how the item sought will assist the victim recovering from the crime (see PTR v VOCAT [2019] VCAT 1204 at [73]). Quotes for items must be reasonable, so obtain multiple quotes and cheaper items where possible. The number and quantum of items claimed to assist recovery should be proportionate to the crime and the impact on the applicant. It is recommended that all items sought be supported by written psychological and/or medical evidence explaining how it will assist the recovery of the applicant. If a psychologist’s report contains insufficient detail, request further detail. Where possible, ask the expert to explain how the item sought will have a demonstrable and measurable benefit – see Lukeis v VOCAT (General) [2006] VCAT 2473 at [18]. Detailed and up-to-date written instructions from the applicant setting out the impact of the crime, and how each item sought will assist their recovery will be helpful also. VOCAT has awarded a wide variety of items to assist recovery including gym memberships, holidays, yoga, Pilates, tutoring, re-training courses and therapy animals, in appropriate circumstances.

Assistance for secondary victims

Secondary victims may be awarded up to $50 000. This amount may be made up of amounts for expenses actually incurred, or reasonably likely to be incurred, for counselling and medical expenses, lost earnings (up to $20 000) and expenses to assist recovery if it can be established that exceptional circumstances exist (s 10, 10A).

Assistance for related victims

The total maximum amount payable to all the related victims of a deceased primary victim is $100 000, less any funeral expenses. However, this limit can be exceeded if it can be established that exceptional circumstances exist (s 12).

Any related victim may be awarded up to $50 000 for expenses actually incurred, or reasonably likely to be incurred, for counselling, medical and funeral expenses, loss of money the related victim would have received from the primary victim for up to two years after the death, or other expenses. An amount for ‘distress’ experienced or reasonably likely to be experienced as result of the death may also be made. ‘Distress’ is not defined in the VOCA Act but has been interpreted in the leading case of Vita v VOCAT [2000] VCAT 2317 to be given its ordinary meaning as ‘great pain, anxiety, or sorrow; acute suffering; affliction; trouble. It is a very broad concept, more sweeping … than pain and suffering’.

Expenses to assist recovery may be made if it can be established that exceptional circumstances exist (s 13).

A person who has paid the funeral expenses of the primary victim is also entitled to be reimbursed for these expenses (s 15), whether or not they are a secondary or related victim.

Time limits to apply for assistance

An application must be filed within two years of the act of violence or, in the case of an application by a related victim or a person who has incurred funeral expenses, within two years of the death of the primary victim (s 29). There is no time limit for crimes consisting of physical or sexual abuse if the victim was under the age of 18 years at the time of the crime (s 29(1A)).

VOCAT may accept out-of-time applications (i.e. after two years) if it considers that, in the particular circumstances, the application ought not be struck out. In considering whether or not to accept an out-of-time application VOCAT must have regard to all circumstances it considers relevant, including the age of the victim, whether the victim has an intellectual disability, whether the alleged offender had power, influence or trust over the victim, the physical or psychological effect of the crime on the victim, and whether the delay in 976 Section 10: Accidents, insurance and compensation hearing the application would threaten VOCAT’s ability to make a fair decision (s 29).

VOCAT will not accept out-of-time applications where the only reason for the delay was the victim’s lack of awareness of their right to apply to under the VOCA Act or the former Acts (s 29(4)).

The procedure for making a claim for financial assistance commences by completing an application form, available on the VOCAT website. The application form itself contains detailed information about documents which need to be filed, cross-referencing to relevant practice directions. If the applicant has not reported the crime to the police and does not have a police statement, then a statutory declaration needs to be completed setting out the details of the crime and why it was not reported to police.

The application should be accompanied by all available documentary material, although this also can be filed at a later stage when available. On the application form, related victims must provide VOCAT with details of every other person whom the applicant believes may be a related victim and of any person who may incur the funeral expenses of the primary victim. This is to ensure that all eligible victims are aware of their right to make an application and that such applications are all considered simultaneously.

With the imminent introduction of the new FAS scheme, all VOCAT applications have now been centralised to the principal VOCAT Registry in Melbourne, with only a few applications being retained by metropolitan and regional tribunals. All applications must now be filed at the Melbourne Registry (admin@vocat.vic.gov.au). VOCAT applications can also be completed and filed online via VOCAT’s website (www.vocat.vic.gov.au). There is no filing fee for lodging an application

VOCAT hearing and determination

Once an application has been lodged with VOCAT, applicants or their lawyers will receive a letter acknowledging receipt of the application. VOCAT requires that all documentation upon which the application relies be filed within two months. If more time is required to file material, however, a written request may be made. VOCAT will then usually be amenable to extending the time limit. If there are undue delays in filing material VOCAT may strike out the application, which will necessitate a request to reinstate the application, addressing reasons for it being struck out.

The VOCAT application form gives the applicant the option of finalising the matter with or without a hearing. However if the applicant nominates ‘no hearing’ this means the tribunal can permanently finalise the matter under section 33, for which the only recourse is a VCAT review if the decision is unfavourable. If this prospect is undesirable, consideration should be given to opt for a hearing, which means the matter cannot be finalised unilaterally by VOCAT without first giving the applicant an opportunity to respond to any offer, and, if desired, attend a hearing and be heard.

Where the applicant elects not to have a hearing, and if the application is relatively straightforward, VOCAT may finalise the application administratively on the basis of the documentation filed. Sometimes hearings are required, however, to discuss complicated issues or hear evidence about matters raised in the application.

Hearings may be beneficial for the applicant, to provide an opportunity to be heard, and to receive acknowledgement and validation of their trauma. Often, such validation is the most important outcome sought by applicants. Applicants are invariably required to attend final hearings, and may have a support person present to provide emotional support.

Since the COVID era, most hearings take place online. ‘In-person’ hearings are open to the public unless otherwise ordered by VOCAT. Applicants may apply to VOCAT to close the hearing to the public if they feel distressed or intimidated by a public hearing (s 42). Often, however, the tribunal member takes the initiative to close the court without an order being sought.

Hearings are conducted in an informal manner, with all parties being given an opportunity to give evidence and be heard (s 38).

In the rare event the alleged offender is attending in person at a VOCAT hearing, there are CCTV facilities or screens that allow evidence to be given safely or in a different location.

VOCAT may appoint counsel to assist, particularly if there are no charges laid, although this rarely occurs in practice.

Interim awards
If the applicant requires urgent assistance such as relocation or other safety expenses, or counselling or medical treatment, an urgent interim award can and should be applied for (s 56). Expenses such as funeral expenses, ambulance fees, counselling and counselling report fees are often granted as interim awards also

In considering an application, VOCAT has the power to initiate an inquiry or investigation (s 39). It may authorise a person to make any enquiry or carry out any investigation on behalf of VOCAT necessary to furnish it with the further information it requires. VOCAT always obtains the relevant police material, and may, for example, obtain the applicant’s hospital or medical records. VOCAT may require the preparation and submission to VOCAT of a medical report or counselling report, or additional statements or documents containing particular matters specified. Extra medical or counselling reports may require the applicant to submit to an examination by a medical expert or to receive counselling services, which, if refused, may result in VOCAT adjourning consideration of the application until this takes place, or refusing the application (s 39(4)).

Evidence

VOCAT is obliged to act fairly, expeditiously and according to the substantial merits of the case (s 32). The applicable standard of proof when deciding questions of fact is on the balance of probabilities (s 31).

Applications should provide VOCAT with all relevant documentary evidence when filing the application, or as soon as possible thereafter. Receipts, invoices or quotes must be filed for all items claimed. When loss of earnings is claimed, refer to VOCAT Practice Direction 5 of 2008 which sets out which documents need to be filed. Ensure that all income received, such as social security payments, is included on the prescribed loss of earnings form, supported by evidence of such payments.

VOCAT will also rely on the police brief, which may include witness statements to police, a summary of the offence and police observations. Upon request, VOCAT may make the police brief, or parts thereof, available to the applicant’s legal representative.

Reporting to police

VOCAT cannot award financial assistance to the victim if the crime was not reported to the police within a reasonable time or if the victim failed to provide reasonable assistance to any investigation, arrest or prosecution arising out of the act of violence, unless there are ‘special circumstances’ (s 52).

The VOCA Act (s 53) sets out the factors that VOCAT may consider when deciding whether a crime was reported within a reasonable time. These factors include the age of the victim; whether the victim has an intellectual disability or was mentally ill at the time of the offence; whether the alleged offender was in a position of power, influence or trust in relation to the victim; whether the victim was intimidated or threatened by the alleged offender; and the nature of the injury suffered by the victim.

In the case of ZHC v VOCAT (Review and Regulation) [2022] VCAT 333 at [24], Deputy President Lambrick opined: ‘Sometimes a crime may never be reported to the police; or will not be reported until the perpetrator has died or until others have been brave enough to also report conduct; or until a victim feels safe enough to do so or until a victim has established a haven from which to safely make the report’.

Notifying the alleged offender

The applicant and anyone else with a substantial interest in the matter is entitled to appear and be heard by VOCAT (s 35).

Certain people, however, are not entitled to appear and be heard if the crime involves an offence against sections 20, 21 or 21A of the Crimes Act 1958 (Vic) or any corresponding previous enactment (i.e. threats to kill, threats to inflict serious injury or stalking); or for offences against subdivision (8A), (8B), (8C), (8D), (8E), (8F) or (8FA) of Division 1 Part 1 of the Crimes Act 1958 (Vic) or any corresponding previous enactment (sexual offences); or for any offence at common law of rape or assault with intent to rape; or family violence within the meaning of section 35 (1A) of the Family Violence Protection Act 2008 (Vic).

Although rare, VOCAT may consider notifying alleged offenders where charges have not been laid, or if charges have been withdrawn, or if the alleged offender was found not guilty of charges.

VOCAT Practice Direction No. 4 of 2008 sets out the procedure for notification of the alleged offender and third parties. Before VOCAT notifies the alleged offender, it must first advise the applicant and allow them the opportunity to be heard. This affords an opportunity for the applicant to express the potential impact should the alleged offender be notified, and should be supported by medical or psychological evidence. If VOCAT still decides to notify the alleged offender, the applicant is notified and given 21 days to advise if they are still pursuing their application. If the applicant still chooses to proceed, the alleged offender is then notified. If the alleged offender elects to participate in the hearing, the application must be listed for a directions hearing. If the alleged offender either elects not to participate, or does not respond to the notification, the applicant will be notified accordingly, and the matter will proceed towards determination. In reality, alleged offenders very rarely elect to participate in proceedings.

Criminal history and conduct of the victim

In considering an application for assistance, VOCAT is required to take into account the character, behaviour and attitude of the applicant at any time. In considering the applicant’s behaviour, any criminal history including guilty findings or convictions are taken into account (s 54(a)).

It is therefore imperative to check if the applicant has any prior criminal history when obtaining instructions. In particular, applicants with serious and recent prior criminal convictions, especially for crimes of violence and dishonesty, face the prospect that VOCAT may refuse the application or reduce their award.

VOCAT must also consider whether the applicant provoked the act of violence, or whether any condition or disposition of the applicant may have contributed to their injury (s 54(c), (d)); or whether the alleged offender will benefit from the awared (s 54(e)).

In the case of applications by related victims, the character and behaviour including any past criminal activity of the deceased primary victim must be taken into account, as well as other factors (s 54(b)).

Other assistance received

In determining how much to award an applicant, VOCAT must take into account and reduce the amount, by the total amount of any damages recovered at common law; and any compensation, assistance or payments of any kind that the applicant has received, for the same loss, expense or other matter that it is sought from VOCAT. Some exceptions apply (s 16). It is important therefore to correctly classify the assistance sought from VOCAT and to check if the assistance received from the external source is the same category as that which is sought from VOCAT, to determine if it needs to be taken into account to reduce the award.

Lawyers’ fees

Lawyers’ fees are payable at the discretion of VOCAT (s 48). Invariably, however, fees are payable, even if the application is refused, provided there was merit to the application and it was made in good faith. Check the Legal Costs Guideline 1 of 2023 on the VOCAT website for up-to-date fees, which increase slightly every year.

Reviews of decisions

A person whose interests are affected by a VOCAT decision may apply for a review of a final decision to VCAT (s 59(1)). Reviews may be sought if an application is refused, if the amount of assistance given is insufficient, an application to vary an award is refused, or if the person is required to make a refund under section 62(2).

Applications for review must be made within 28 days of either VOCAT’s decision or – if a request is made under section 45 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) for reasons for the final decision, the 28 days run from the day on which reasons are provided or the person is advised that no reasons will be given (s 59(2)).

Further assistance after the final award

Applicants may apply to vary an award made by VOCAT within six years from the final award, or, if the applicant was a child, up until they are 24 years old (s 60(2)). Variations are often sought for further counselling, medical and other expenses.

In considering applications for variation, VOCAT must consider anything it considers relevant, including any fresh evidence or change in circumstances and any payments received or payable to the person to whom the award was made (s 60(3)).

An application to vary the award should therefore address these factors, and explain the link between the criminal act and the need for further assistance, and be accompanied by supportive material.

These applications are usually determined by VOCAT without a hearing, but they may be listed for a short hearing where the application is not straightforward.

Civil claims for damages

Victims have a right to pursue a civil claim for damages against an offender. Such claims are usually heard in the Magistrates’ or County Court, depending on the seriousness of the injury and the amount of damages sought. (The monetary limits in civil matters are listed in Chapter 1.2: An introduction to the courts. For more information about claims for damages, see Chapter 10.1: Negligence and injury.)

If you are considering making a civil claim against an offender, seek advice from a lawyer about the merits and prospects of success of such a claim, as it may be preferable to seek assistance from VOCAT (e.g. if the offender has no assets).

Compensation under the Sentencing Act

Sections 85A–85K of the Sentencing Act 1991 (Vic) (‘Sentencing Act’) allow a victim to seek compensation for pain and suffering from the offender. The offender must have been found guilty or convicted of the offence. The application for compensation must be made within 12 months of the offender being found guilty, or convicted of the offence, and is filed at the court which sentenced the offender. The court can also order the offender to pay the victim’s medical, counselling and other expenses. Before making such an order, the offender must be given a reasonable opportunity to be heard. The court may take into account the offender’s financial circumstances.

Once the court has ordered the offender to pay the victim, it becomes an enforceable judgment debt.

Comparison of Sentencing Act and VOCA Act

The key differences between the Sentencing Act and the VOCA Act are:

• compensation under the Sentencing Act can include an amount for pain and suffering that is higher than the limited amounts available for SFA under the VOCA Act;
• under the Sentencing Act, compensation is paid by the offender (whose financial circumstances may be taken into account by the court when making the order). Under the VOCA Act, financial assistance is paid for by the state; and
• for compensation to be payable under the Sentencing Act, the offender must have been found guilty, or convicted, by a court.