Legally, the NSW Government, Victims Support Scheme can only provide very limited assistance to victims of crime, where a motor vehicle has been involved.
The NSW Victims’ Rights and Support Act (2013) states:
“(2) Motor vehicle accidents (MVA) A person is not eligible to receive victims support in respect of an act of violence if that act took the form of, or the injury arose as a consequence of, a motor accident within the meaning of the Motor Accidents Compensation Act 1999.”
Exceptions may apply when the MVA is a result of an act of terrorism or where the MVA resulted in an intentional death/s and a person has been charged with murder in relation to the death/s.
Additionally, in some circumstances, you may be able to seek compensation or support under Compulsory Third Party insurance, administered by the State Insurance Regulatory Authority.
Often, for victim-survivors and their families, knowing where and how to access support after a criminal road accident can be confusing. A crime, involving speeding, driving under the influence or dangerous driving has been committed. Charges relating to serious driving offences, including negligent driving, occasioning grievous bodily harm or negligent driving, occasioning death may have been laid and the offending driver maybe facing court. But how is your voice heard?
In matters that relate to serious injury or death caused by a criminal MVA, VOCAL can you help with:
- Emotional support and advocacy
- Accessing Government support
- Court preparation and support
- Victim impact statements