Supporting Victims of Crime

NGO Factsheet May 2017

Supporting Victims of Crime Under the Victims Rights and Support Act 2013. OOHC NGO staff need to identify and respond to any victim of crime that they come into contact with, including children and young people, their parents, carers or other family members. The response required will differ depending on the relationship that the OOHC NGO has with the victim of crime. A set of guidelines – Supporting Victims of Crime for OOHC Service Providers have been developed to help OOHC NGOs understand their role under the Act. The aim of the processes outlined in the guidelines is to make sure that all eligible children and young people receive support and access to their entitlements, and that other victims of crime are treated in accordance with the legislation.

How to identify a victim of crime A victim of crime is anyone who suffers harm as a result of a criminal act. Harm includes having property taken, destroyed or damaged, and actual physical or psychological harm. When a person has died as a result of a crime, their immediate family members are also considered victims. In some cases it may not be obvious that a person is a victim. A child or young person may be a victim of crime and this may be the reason you are working with them, but their parents, carers, or other family members may also be victims. According to the Victims Rights and Support Act 2013 all victims of crime need to be treated in accordance with the Charter of Victims Rights. In addition to this, victims of an act of violence who have suffered harm may be eligible for counselling or financial assistance under the Victims Support Scheme.

Why is it important? A child or young person who is a victim of crime may have support needs arising from their experience. Understanding what has happened to them, and helping them to access support and assistance as early as possible, can help them to recover and improve their outcomes. If a parent, carer or other family member of a child has been a victim of a crime, it can impact the way they relate to and care for the child. Addressing the support needs of family members can have a direct benefit for the child or young person. What do I need to do? Support for a person not under the parental responsibility of the Minister (PR of the Minister) ■ This may include a child or young person not in OOHC, parents, carer or other family member. ■ Provide information about services which may be able to help, like the Victims Access Line (1800 633 063), the Aboriginal Contact Line (1800 019 123), free counselling and financial support from Victims Services.

www.facs.nsw.gov.au NGO Factsheet May 2017

■ If the person would like to access these services, consider whether you are able to assist them in doing so.

Support for a child or young person under the PR of the Minister Consider any needs the child or young person may have as a result of being a victim of crime, and make sure they are addressed in the case plan. Further information is provided below about services they may be eligible for.

Counselling ■ Consider if the child or young person is eligible for free counselling under the Victims Support Scheme. If you believe they are, consult with your local FACS Child and Family District Unit (CFDU) about submitting an application. ■ If appropriate, complete and lodge an application form for counselling with Victims Services. Advise the CFDU when the application has been lodged and forward them a copy of the completed application form.

If the child or young person is eligible for a FACS Legal file audit: ■ Children and young persons aged 15-18, have a case plan of adoption or are leaving care within three years are eligible for a leaving care audit. ■ To request a leaving care audit, complete a referral form and send to the CFDU. The CFDU will coordinate with FACS Legal, who will arrange for the child or young person’s files to be audited. FACS Legal will pursue any identified claims, if the child or young person is entitled to a type of financial assistance, known as a “recognition payment” from Victims Services.

If the child or young person is not eligible for a FACS Legal file audit: ■ If you believe the child or young person may be entitled to a recognition payment from Victims Services, complete the steps below. ■ Consult with the CFDU to check if an application for recognition payment has previously been lodged with Victims Services. ■ Prepare the evidence required to support the application. This type of payment requires a police report or a report of a government agency and a medical, dental or counselling report verifying that the person has been injured as a result of an act of violence. If there is not sufficient evidence on the file to support the application, contact the CFDU to discuss. ■ Complete the application form for recognition payment on the Victims Services website. Ensure any evidence in the application is appropriately redacted. ■ Lodge the application form, the supporting evidence and a copy of the care order with Victims Services by email at [email protected] ■ Advise the CFDU that an application has been lodged and forward them a copy of the completed application form and the supporting evidence lodged. ■ If the application is successfully determined, any acceptance of payment documentation will need to be approved by the CFDU Manager Casework (even if the application is lodged by an NGO provider).

www.facs.nsw.gov.au NGO Factsheet May 2017

Where can I go for more information? ■ Victims Support for OOHC Service Providers Guidelines ■ Victims Services website

www.facs.nsw.gov.au