Victim of crime explained
A victim of crime explained
A victim of crime is defined under the Victims of Crime Assistance Act 2009 as anyone who has been injured by an act of violence committed against them in Queensland (s27).
An injury can be physical or psychological.
A victim of crime is eligible to receive financial assistance from Victim Assist Queensland to help in the recovery from the act of violence.
An act of violence is a crime or a series of related crimes, committed by one or more people in Queensland (s25). An example of a related crime is two or more crimes that have been committed by the same person over a period of time.
The Act defines an injury as:
- Bodily harm.
- Mental illness or disorder.
- Intellectual impairment.
- Pregnancy.
- Disease.
- The impact of sexual offence; or
- A combination of the above.
Types of victim
Under Victim Assist Queensland there are three types of victim of crime. They are primary victims, secondary victims and related victims.
Primary victim
A primary victim is a person who is injured as a direct result of an act of violence being committed against them (s26).
For example:
- “I was injured when my partner hit me in a domestic violence incident.”
- “I was injured when I was attacked by a stranger whilst walking my dog.”
- “I was injured in a road accident and the driver was charged with dangerous driving causing grievous bodily harm.”
- "Jim was murdered by a stranger in his home. He is a primary victim that has died as a result of an act of violence."
Secondary victims
A secondary victim of an act of violence can be a parent secondary victim or a witness secondary victim (s26).
Parent secondary victim
A parent secondary victim is a parent who is injured as a result of an act of violence being committed directly against their child. For example a parent secondary victim may have incurred a psychological injury from the trauma of finding out about the act of violence aginst their child.
For example:
- “I am a parent and I have suffered from an anxiety disorder as a result of an act of violence being committed against my child.”
- “I collapsed and broke my arm when the police told me that my child had died in an act of violence.”
Witness secondary victim
A witness secondary victim is a person who is injured as a direct result of witnessing an act of violence against another person.
A person may be a witness to a more serious act of violence or to a less serious act of violence. A more serious act of violence means an act of violence involving murder, manslaughter or dangerous driving causing death. Other offences are classed as less serious acts of violence.
For example:
“I was in my neighbour’s home and I saw them being murdered. I had a heart attack and now I’m depressed and scared when I’m alone in my home.” (more serious act of violence)
“I was in a petrol station and it was robbed by a man with a gun and the attendant was assaulted. Now I suffer from an anxiety disorder as a direct result of seeing the robbery.” (less serious act of violence)
Related victims
A related victim is a person who is a close family member, or a dependant, of a primary victim who has died as a direct result of an act of violence being committed against them (s26).
A close family member of a primary victim must have had a genuine personal relationship with the primary victim at the time they died. A close family member of the primary victim is:
- a spouse
- a child
- a parent or step-parent
- a brother, sister, stepbrother or stepsister
- a person who under Aboriginal or Island custom is regarded as a person mentioned above.
For example:
- “My spouse died after being shot in an armed robbery.”
- “My son died when he was stabbed in a nightclub fight.”
- “My father died in a road accident and the other driver has been charged with dangerous driving causing death.”
- “I relied on my good friend for financial support, then she was murdered and I have no way of supporting myself.”
Special primary victim
A special primary victim is a primary victim of an act of violence who:
- was under the age of 18 when the act of violence was committed
- has an impaired capacity
- is the victim of an act of violence involving a sexual offence
- was harmed or injured by a person in a position of power, influence or trust over the victim at the time the act of violence was committed; or
- is being threatened or intimidated by the person who committed the act of violence, or by someone else.
For example:
- “I was sexually assaulted by a friend. I went to my doctor for a check up and pregnancy test but I was too traumatised to go to the police. I now want financial assistance to help my recovery from the incident.”
People who are not victims of crime under Victim Assist Queensland
A person is not eligible to receive financial assistance if the person committed the act of violence, or if they were involved in a criminal activity either at the time of the act of violence was committed against them or previously, and this involvement was the main or only reason the act of violence was committed against them (s80).
For example the following cases would not be eligible for financial assistance:
- “I started a fight in a pub and I was badly injured when someone smashed a bottle in my face.”
- “I bought some cocaine off a man. I still owed him half the money. Two weeks later he came to my home and beat me up for not paying him in time.”
- “I was robbing a petrol station when I was attacked by the owner.”
Financial assistance is not available through Victim Assist Queensland to people who are victims of crime through crimes that are not acts of violence such as fraud or theft.
Reporting a crime to the police
To be eligible to receive financial assistance you must report the act of violence to the Queensland Police Service for victims of crime (other than special primary victims). This is necessary so that Victim Assist Queensland can be sure an act of violence did take place within the time limit for an application and that the person is eligible to receive financial assistance (s81).
Some victims are unable to report a crime to the police. For this reason, special primary victims, or someone on their behalf, can either report the crime to the police, or alternatively to the victims registered doctor, psychologist or counsellor and a record made of the report.
Victims who live outside of Queensland
People who are the victims of a violent crime that occurs in Queensland, but who are resident in another Australian state or territory, or in another country, are eligible for assistance under Victim Assist Queensland.
Residents of Queensland are not eligible to apply for assistance if the crime occurred outside Queensland.
If you would like more information and guidance, please call Victims LinkUp on 1300 546587 between 8.30am and 5.00pm Monday to Friday. Or email victimslinkup@justice.qld.gov.au.