<em>You need to check the relevant legislation in your state or territory as the rules are different in each jurisdiction.

The following is a step-by-step guide to managing your claims process. Please note that this is intended for use as a general guide only and should not be substituted for legal advice.

1. Report the crime.

• It is important that a victim of crime report the matter to police as soon as possible. This is important for a number of reasons.
  • Personal safety: the sooner you file a report, the sooner the police can take steps to protect you and find the offender.
  • Truthfulness: you may suffer trauma as a result of being the victim of a crime and that trauma may colour your memories of the incident. The passage of time will only serve to further blur your memory. If the matter goes to court your initial report will be used as evidence against the offender. The sooner it is made the more likely it is that your recollection of the event is as accurate as it can be.
  • Compensation: some jurisdictions like the ACT do not allow a victim to claim compensation without first filing a police report of the incident.
• If you need support when making your statement you can request the presence of a support person or lawyer.
• There are also a range of counselling services you can access if you need extra help or support. Visit the Victim Support Australia website for a list of services that assist victims of crime: www.victimsupport.org.au

1. Check your eligibility.

• Once have reported the matter to police you should check to see whether you are eligible to apply for victims’ compensation.
• As the primary victim you will need to demonstrate that you have suffered harm.
• This can be physical or mental.
• Financial harm such as a loss of earning capacity is relevant too.
• It is easier to demonstrate loss as a result of physical harm as compared to mental harm.
• In some states the applicant need only show mental or nervous shock.
• In other states the standard is much higher. In Victoria applicants are required to show that their mental harm falls within a recognisable mental illness or disorder. This means you may be required to undergo a psychiatric evaluation in order to demonstrate the extent of your mental injury.
• You may also need to demonstrate that your conduct did not contribute to the commission of the crime.

1. Identify whether you need a lawyer’s assistance.

• Sometimes filling out a claim form can be a straightforward process.
• In order to increase your chance of success and maximise the amount of your compensation you may decide to retain the services of a lawyer to prepare your claim. See our How a Lawyer Can Help. section for more information.

1. What to expect once your claim is lodged.

• You must lodge your application with the relevant victims’ compensation registry for your state or territory.
• Each jurisdiction has different avenues for managing compensation claims:
  • some are assessed through the court system where applicants will be required to attend a hearing in a courtroom;
  • others are determined by government-appointed assessors or commissioners. In this case applications are privately assessed by the assessor reading the paperwork.
• There is no set time frame for a result of an application. It will vary depending on the nature and circumstances of the application.

1. The final decision and avenues for appeal.

• If  you are unsatisfied with the final decision made in relation to your application there are limited avenues for appeal. These will depend on the state or territory where your claim was lodged.
• Most jurisdictions have a time limit of 28 days in which to lodge an appeal. You should consult a lawyer as soon as possible to help you decide whether to proceed. Our Legal Plan membership can help you get advice from an experienced victims’ compensation lawyer near you.