17 May 2012: Financial assistance slow in coming for ACT crime victims
Financial assistance slow in coming for ACT crime victims
Victims of violent crime in Canberra can face lengthy delays when applying for assistance under the Victims of Crime (Financial Assistance) Act 1983 (the Act), according to acting ACT Ombudsman Alison Larkins.
Ms Larkins today released the findings of her investigation into complaints about the handling of financial assistance applications made by two victims of sexual assault. Both victims experienced unreasonable delays, received unsatisfactory or inconsistent information, and were at a disadvantage in their capacity to negotiate.
Ms Larkins referred to Ms A, whose August 2007 application for financial assistance was approved in January 2010—29 months after she lodged it—following a Supreme Court trial in December 2009 that ended with the jury unable to reach a verdict.
‘Initially, the ACT Government Solicitor (ACTGS) told Ms A that her claim would be processed swiftly as it was not part of the criminal proceedings,’ Ms Larkins said, ‘but 10 months later she was told that no decision would be made until after the trial.
‘In response to our enquiries, the ACTGS raised several complex legal issues that it said might have interfered with the conduct of the trial and finalisation of Ms A’s application. However, I have concluded that there are provisions in the Act, and in criminal justice proceedings generally, that could have been used to address these concerns.
‘Ms A may have been spared from such excessive delay had a case management system for tracking applications been in use.’
Ms Larkins noted the ACTGS’ lack of policies or procedures for dealing with victims’ applications for financial assistance and the lack of guidance to staff managing timeframes or the expectations of clients who, in the circumstances, may be incapable of making informed decisions.
‘Further, victims who apply for financial assistance are unlikely to be represented due to a cap on legal fees payable under the Act, while the ACTGS—which is, de facto, also responsible for progressing the victims’ applications—always represents the ACT.
‘The present administrative arrangements have evolved ad hoc, with the burden for carriage of financial assistance applications now falling to the ACTGS. This creates a conflict for the ACTGS in performing its duties, and an imbalance in the capacity of the parties to negotiate a fair outcome,’ she said.
The second complaint investigated involved Mrs C, an elderly woman assaulted in December 2005 by a staff member at the nursing home where she lived. Her daughter, Ms B, made an application for financial assistance on Mrs C’s behalf in November 2006.
Ms B complained about the delay by the ACTGS in processing her mother’s application and the lack of information or explanation provided throughout the process.
Mrs C died in June 2008. Her application had not been assessed and has yet to be formally finalised. Ms B has since received some financial assistance under a separate claim to cover expenses she incurred when she moved her mother to a new nursing home.
The Act allows victims of violent crime to apply for financial assistance to cover the reasonable costs of treating physical and mental injuries. Compensation for pain and suffering may be available if a criminal injury is the result of a sexual assault.
The Ombudsman’s report is available from ACT Ombudsman website
Media contact: Fiona Skivington 0423 845 160