Case studies
All people and scenarios mentioned in these case studies are fictional
Case study 1A: Primary victim
Rose lives in a remote community in Queensland. One evening she is a victim of a domestic violence attack by her partner. She is a primary victim.
Rose has to go to hospital overnight for her injuries. She reports the act of violence to a police officer.
As a result of the act of violence by her partner, Rose temporarily moves herself and her two children to her mother’s house 200 km away. She uses one week of sick leave but due to this move, she is unpaid by her employer for four weeks.
She is required to travel up to 40 km to the nearest community health centre for medical checkups and counselling sessions.
Rose gets the assistance of a lawyer to help with the completion of her Financial Assistance Application Form.
What assistance does this primary victim receive under Victim Assist Queensland?
Assistance up to the value of $75,000 for the costs of goods and services needed to recover from an act of violence is available to primary victims. Rose receives the following assistance:
- Reasonable travel expenses to the required number of counselling sessions 40 km from her home. She has no car but there is a bus service available so the cost of this method of transport is paid for.
- Counselling sessions are set up by a referral from Victims LinkUp to a suitable provider that is free of charge to the victim.
- Medical/dental expenses over what is not covered by another scheme such as medical insurance or Medicare.
- Reasonable travel expenses to medical check ups related to the act of violence.
- Loss of earnings to cover the gross amount she would normally be paid over three weeks.
- Due to the exceptional circumstances involved in her case, reasonable relocation expenses to her mother’s home for herself and her children.
- $800 special assistance. Victim Assist Queensland received a report from her doctor and a copy of the police report and the circumstances were considered carefully by a government assessor. Her injuries came within a Category C act of violence.
- Up to $500 for the legal assistance she required to assist her was paid directly to the lawyer she used.
Case study 1B: Secondary witness to a less serious act of violence
In the above scenario, Rose’s children witnessed the act of violence on their mother, are they victims too?
In this case Rose’s children are witnesses to a less serious act of violence because the injuries to Rose were in the less serious category of assault.
Witnesses to less serious acts of violence are entitled to up to $10,000 each to cover the costs of counselling and medical expenses.
Rose can apply on behalf of her children, on separate application forms for each child.
Assistance for the children can be applied for now or any time up until three years after their 18th birthday.
The children can apply themselves from the age of 12-17 but they must have a lawyer if they want to do so.
Case study 2: Parent secondary victim
Jenny is 12 years old. Her parents are separated and she lives with her mother, Ruth. Walking home alone from school one day, Jenny is the victim of a violent physical attack by an adult male.
Jenny suffers from a broken arm, smashed jaw and severe internal bleeding. Her injuries keep her in hospital for five weeks, with 12 further weeks of frequent check ups at the hospital.
On release from hospital Jenny is afraid to be left alone at any time and suffers from insomnia and a deep fear of going back to school. She has become aggressive towards her mother Ruth. Jenny has been receiving counselling.
Ruth has quit her job to care for Jenny full time. Ruth is now depressed and unable to concentrate on anything except the care of Jenny. Ruth has been put on medication by her doctor and receives counselling when she has the time to attend her appointments but this is difficult because she has to care for Jenny.
Jenny’s father has another young family and lives in New South Wales.
The mother - parent secondary victim
In this case, Jenny’s mother Ruth is a parent secondary victim. Ruth is injured as a direct result of becoming aware of the act of violence against her child. In this case she suffers a mental illness (depression) as a result of her child being seriously assaulted.
As a secondary parent victim Ruth can access up to a total of $50,000 to cover the costs of goods and services to help her recovery. This is in addition to any assistance Jenny can receive as a primary victim.
Ruth applies for assistance and includes on her application form that Jenny’s father may also be eligible to apply for assistance. If both parents apply and both are eligible for assistance, a total shared pool of $50,000 is available to the parents.
Ruth receives assistance for:
- The medical and counselling costs that are not already covered by another scheme such as Medicare and private health insurance. A medical certificate from Ruth’s doctor confirms that she is on medication for depression and has been referred to a psychologist as a result of the act of violence against her daughter. The psychologist provides receipts for sessions attended and an invoice for future sessions required for Ruth.
- Reasonable travelling expenses for travel to Ruths counselling appointments.
- As exceptional circumstances exist Ruth is reimbursed for travel expenses to and from the hospital while Jenny was a patient there.
- Ruth had to quit her job to care for Jenny and overcome the trauma the incident had on her. Ruth can apply for assistance up to $20,000 for loss of gross earnings up to two years from the act of violence against her daughter. Ruth’s employer wrote a letter to Victim Assist Queensland confirming her wages, the amount of compassionate leave Ruth was granted by the company and confirmed her absence from work.
- For her own recovery needs, Ruth requires respite from caring for Jenny. Ruth also needs to make sure she can attend her own counselling sessions for her recovery process. In these exceptional circumstances, which are supported by documentation from her doctor and the care services, assistance is provided to cover the costs of a carer for Jenny one day a week to give Ruth respite.
The child - primary victim
Jenny can also apply for assistance of up to $75,000 to cover the costs of goods and services to help her recovery as well as special assistance. She has until three years after her 18th birthday as a child primary victim. Her mother or father can apply on her behalf, or she can apply herself with legal assistance because she is 12 years old or over.
For an example of what a primary victim may receive read Case Study 1.
The father - is he a parent secondary victim?
If the father has been injured as a direct result of the act of violence against his child or from becoming aware of the act of violence, he may also be eligible for assistance. He would need a medical report to prove that an injury has occurred to him as a direct result of the act of violence against his daughter.
The act of violence against his daughter occurred in Queensland so even though he lives outside of Queensland he is still eligible to apply for assistance from Victim Assist Queensland.
Case study 3: Witness secondary victim
Bill is the only eye witness to the murder of his neighbour on her remote property by an intruder on 3 December 2009.
Bill had tried to help the woman but was unable to and she died from her injuries in hospital the next day. Bill acted as a witness in the case against his neighbour’s intruder, who was found guilty of murder.
Bill was not physically injured by the act of violence towards his neighbour. He did however experience psychological injuries and is therefore a secondary witness to a more serious act of violence.
Bill required several sessions of counselling. As a self-empployed plumber, he could not work for one month as a direct result of witnessing the murder and received no other income during that time.
As a result of the act of violence on his neighbour, Bill was very worried about the lack of security on his remote property and the safety of his family. He paid for the locks on his property to be upgraded in the week following the incident.
What assistance will this witness secondary victim to a more serious act of violence receive?
Bill is entitled to assistance of up to a maximum of $50,000 to cover costs of goods and services needed to help his recovery. He received the following assistance:
- The upgrade of the locks on his family property was seen as an important part of the recovery process for Bill. The government assessor decided there were exceptional circumstances and the cost of the replacement locks was paid to Bill quickly as Interim Assistance. Bill was required to provide a receipt with his Victim Assist Queensland Financial Assistance Application Form.
- Bill’s medical certificate confirmed that Bill had been referred to a private counsellor of Bill’s choice by his doctor. Assistance was paid to Bill for 12 private counselling sessions to cover costs not already covered by another scheme such as private health care or Medicare. Medical report expenses receipted to Bill were also paid.
- Reasonable travel expenses were paid to Bill to drive himself to and from his home in a remote location to attend his counselling appointments.
- The government assessor obtained a medical report from Bill’s doctor, confirming that Bill had taken time from work due to stress relating to the incident. Bill received loss of earnings equivalent to one month gross of income based on documents Bill supplied to show his previous three years tax returns as a self-employed plumber.
Case study 4: Related victims scenario
On 5 January 2010, Mr Hardy was seriously injured during an armed robbery at his home. He died in hospital two weeks later on 19 January 2010 as a result of his injuries. The intruder was not identified.
There was physical damage to the house (holes in the wall and windows smashed) as a result of the attacker’s violence.
Mr Hardy has two adult children, Sarah and Angus. Sarah pays for the funeral at a cost of $7,000.
Angus has an impaired capacity and lived with Mr Hardy. He found his father injured after the armed robbery. Angus has suffered recurring nightmares and an anxiety disorder since the incident. He did not work prior to the incident and was dependant on his father for income. Angus will now move out of his father’s home so it can be sold and will live with Sarah permanently.
What financial assistance could these related victims claim
Angus and Sarah are both related victims. They can receive assistance up to a maximum of $50,000 each for the costs of goods and services needed to help their recovery. They must each complete a separate application form. They receive the following assistance:
Sarah
- Sarah makes an application for funeral assistance on her Victim Assist Queensland Financial Assistance Application Form. A combined total of $6,000 for funeral expenses incurred can be paid out for a primary victim’s death. So, Sarah receives $6,000 of the $7,000 she paid.
- Sarah supplies Victim Assist Queensland with the invoice from the company to be used to repair and clean up damage to the house so she can sell the house quickly. The government assessor decides there are exceptional circumstances and she receives this assistance as an interim payment (up to $6,000) before the final application is decided.
Angus
- Because Angus is an adult with an impaired capacity and does not have a guardian for a legal matter, administrator or attorney, Sarah can complete the application forms on his behalf as a member of his support network.
- Angus needs special counselling to deal with his grief and the trauma of discovering his injured father. He is referred by his doctor to a psychologist and Victim Assist Queensland covers costs not already covered by another scheme (such as private health care or Medicare). Victim Assist Queensland will pay the psychologist directly. Reasonable travel expenses to appointments are also covered.
- As a dependant of his father and fully reliant on his father’s income, Angus receives up to $20,000 for money he would have received over the next 2 years if his father had not died as a result of the act of violence.
- Angus requires wheelchair access to his new bedroom at Sarah’s home, so adjustments to the house need to be made. Sarah’s husband pays for this on behalf of Angus and Victim Assist Queensland reimburses Sarah’s husband directly. Being able to live with Sarah will assist Angus' recovery and due to the exceptional circumstances in this case, this is possible from the assistance still available to Angus from the $50,000 maximum available to him.
Both
- Angus and Sarah also receive assistance up to $10,000 each for distress suffered due to their father’s death.