ACT Victim of Crime Financial Assistance After a Death

When a death results from a criminal act in the Australian Capital Territory, the surviving family faces a uniquely devastating combination of grief, trauma, and financial pressure. Beyond the standard bereavement process, families affected by crime have access to the ACT's Financial Assistance Scheme — a government-funded program that can provide up to $19,627 for funeral expenses alone, plus additional amounts for other costs directly resulting from the crime.

The Financial Assistance Scheme

The ACT's Financial Assistance Scheme (FAS) is administered through Victim Support ACT. It provides financial recognition and assistance to people who have been affected by violent crime in the territory. For families dealing with a death caused by crime, the scheme can cover:

• Funeral and burial expenses — up to $19,627 (verify the current cap, as amounts are periodically adjusted)
• Counselling and psychological treatment — for family members affected by the crime
• Loss of earnings — if a family member had to take time off work as a direct result of the crime
• Medical expenses — for physical or psychological injuries sustained by family members
• Other expenses reasonably incurred as a result of the crime

The amounts available under FAS are significantly higher than other funeral assistance programs. Compare this to the general ACT Funeral Assistance Program (which covers a basic funeral with the family contributing up to $500) or DVA funeral benefits (up to $2,000 under VEA). For crime-related deaths, the FAS provides the most substantial support available.

Who Can Apply

The following people can apply for financial assistance after a crime-related death:

• Primary victims — in the case of death, this means the deceased person (the estate can apply on their behalf)
• Related victims — close family members of the primary victim, including spouses, domestic partners, parents, children, siblings, and anyone who was financially dependent on the deceased
• Witnesses — people who witnessed the crime and suffered injury as a result

Each category has different maximum amounts and eligibility criteria. Related victims and witnesses can apply in their own right, independent of any application by the estate.

How to Apply

1. Contact Victim Support ACT — they provide initial guidance, emotional support, and practical assistance with the application process. Their services are free and confidential

2. Lodge an application — applications can be submitted to the Victims of Crime Commissioner. The application requires:

   • Details of the crime (police report number, date, location)
   • The death certificate
   • Proof of relationship to the deceased
   • Receipts or invoices for expenses claimed (funeral costs, counselling, medical treatment)
   • Evidence of any loss of earnings

3. The Victims of Crime Commissioner assesses the application — they may request additional information or supporting documents

4. Payment is made — once approved, payments are made directly to the applicant. For funeral expenses, the payment can be made directly to the funeral provider if preferred

There is no strict deadline for applications, but applying as soon as practicable after the crime is recommended. Evidence becomes harder to gather over time, and the scheme is designed to provide timely financial relief.

Criminal Injuries Compensation vs Financial Assistance

The ACT has two separate schemes for victims of crime:

Financial Assistance Scheme (FAS): The current scheme, which provides financial recognition without requiring proof of the offender's guilt. The application is assessed by the Victims of Crime Commissioner based on whether a violent crime occurred, not whether anyone was convicted.

Criminal Injuries Compensation: The older scheme, which required a court application and was tied to criminal proceedings. This scheme has been largely replaced by FAS for new claims, but some older cases may still be processed under the previous system.

The key advantage of FAS is that it does not require a conviction. If the offender is never identified, never charged, or acquitted, the family can still receive financial assistance as long as the Commissioner is satisfied that a violent crime occurred.

Other Support Available

Families dealing with a crime-related death should also be aware of:

• Victim Support ACT counselling — free, confidential counselling services for family members, available regardless of whether a financial assistance application is lodged
• Court support — if criminal proceedings are underway, Victim Support ACT can provide court preparation, accompaniment, and practical support during trials
• Victims Register — the family can register to receive information about the offender's status in the criminal justice system, including parole hearings and release dates
• National Redress Scheme — if the crime involved institutional child sexual abuse, a separate Commonwealth scheme applies

Interaction with Estate Administration

Financial assistance payments from FAS are made to individual applicants, not to the estate. This means:

• The payments do not form part of the deceased's estate
• They are not subject to probate or estate administration
• They cannot be claimed by creditors of the estate
• They are separate from any compensation that may be awarded through civil litigation against the offender

However, if the estate incurred expenses (such as funeral costs paid by the executor from estate funds), the estate can apply for reimbursement through FAS.

The ACT Survivor Benefits Navigator includes guidance on coordinating crime-related financial assistance with the broader estate administration process, ensuring families access all available support without any entitlements falling through the cracks.

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