Time limits most commonly missed in relation to victims of crime, a claim example and lessons learned.
What's on this page?
Victims of crime limitations
| Action | Time limit | Legislation | Extension availability |
|---|---|---|---|
|
Action
Victims of crime application for financial assistance. |
Time limit
2 years from the violent act or in the case of an application by a related victim or person who has incurred funeral expenses, within 2 years after the death of the primary victim. |
Legislation
s.29 Victims of Crime Assistance Act 1996 (Vic) |
Extension availability
Application made out of time will be struck out unless the Victims of Crime Assistance Tribunal considers that, in the particular circumstances, the application ought not to be struck out – s. 29(2) Victims of Crime Assistance Act 1996 (Vic). |
Claim example
A client suffered injury in an unprovoked attack. Two years after the attack the perpetrator was prosecuted, pleaded guilty to a charge of intentionally causing serious injury and was sentenced.
The practitioner was retained by the client five months after sentencing. The client was not told that she had less than six months remaining in which to bring common law proceedings or that she had a right to apply to the Victims of Crime Tribunal. Section 29 of the Victims of Crime Assistance Act 1996 (Vic) provided an application must be made within two years of the occurrence of the act of violence. This period ended before the practitioner was retained. However, section 29 provided discretion for the Tribunal to extend the time within which an application could be brought.
The matter lay dormant for some time while the practitioner waited for full and proper instructions from the client. Almost two years passed before the client returned to the practitioner following the death of the perpetrator.
The practitioner briefed Counsel who advised that the practitioner, who was not aware of the time limit, should have sought an extension of time to apply to the Tribunal. It now seemed unlikely that the Tribunal would exercise its discretion to extend time.
Lessons
- Identify and diarise applicable limitation dates at the start of each matter and advise the client of the dates and importance of acting before then.
- Be careful not to let matters drag on. If the client will not respond to requests for instructions, terminate the retainer.
