---
title: "Record whether a Victorian victims file is still with the old tribunal or the new scheme"
url: "https://ailawframework.com/practice/victims-of-crime-support-and-compensation/work-out-which-body-still-holds-a-victims-file-after-the-scheme-changes/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A62-VC20261023-5-VIC"
practice_area: "Victims of Crime Support & Compensation"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Record whether a Victorian victims file is still with the old tribunal or the new scheme

> From the old file, record the date the application was lodged, the body named on it, whether an interim or final award was made, and whether it was withdrawn and on what date. Do not say a fresh application is allowed.

Canonical page: https://ailawframework.com/practice/victims-of-crime-support-and-compensation/work-out-which-body-still-holds-a-victims-file-after-the-scheme-changes/victoria  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Victims of Crime Support & Compensation](https://ailawframework.com/practice/victims-of-crime-support-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the old file, record the date the application was lodged, the body named on it, whether an interim or final award was made, and whether it was withdrawn and on what date. Do not say a fresh application is allowed. |
| What the lawyer must review | Decide which body still holds the file before any new application is discussed Use 18 November 2024 only for a Victorian file Treat a final award or a refusal by the old tribunal as blocking a scheme application for the same incident. Use a firm-controlled tool for health records. ASCR r 9, APP 11 and the Privacy Act 1988 (Cth) apply. |
| Written for | Victoria |
| Applies to | [Work out which body still holds a victims file after the scheme changes hands](https://ailawframework.com/practice/victims-of-crime-support-and-compensation/work-out-which-body-still-holds-a-victims-file-after-the-scheme-changes.md) |

## Checking plan

**Verify against sources**

The lawyer decides whether the file stayed with the tribunal or can be a scheme matter. The tool records the dates on the file.

- What the AI does: From the old file, record the date the application was lodged, the body named on it, whether an interim or final award was made, and whether it was withdrawn and on what date. Do not say a fresh application is allowed.
- What the lawyer does: Decide which body holds the file and whether a new application is possible.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. The Financial Assistance Scheme has replaced the Victims of Crime Assistance Tribunal for new applications. The tribunal has stopped taking new applications and now finishes pending ones. It holds documents for applications lodged before 18 November 2024.
2. If there was no interim award, a withdrawal can still allow a scheme application. If there was an interim award, a withdrawal before 18 November 2024 can allow one, and a withdrawal after that date does not. The person may ask the tribunal to reinstate.
3. If there was an interim award and the application was withdrawn before 18 November 2024, a scheme application is possible. If it was withdrawn after that date, the person is not eligible for the scheme and may ask the tribunal to reinstate. If the interim award is still on foot and the application was not withdrawn, the person is not eligible and the tribunal continues the file.
4. A final award or a refusal means no scheme application for the same incident. New variations are decided by the scheme. The tribunal keeps a variation lodged with it before 18 November 2024. If the person was 18 or older when the final award was made, variation time is 6 years from receipt. If under 18, until they turn 24.

## Notes

- Transition where an interim award has outstanding authorised future expenses was described on the page only in outline. Read that page again before advising on those expenses.
- A scheme decision, once the file is in the scheme, uses the review page. Do not send a scheme review back to the old tribunal.
- Health records in the old file stay in a firm-controlled tool. ASCR r 9 and APP 11 apply, and a breach may be notifiable under the Privacy Act 1988 (Cth).

## Practical guide

Jurisdiction: Victorian Financial Assistance Scheme and the Victims of Crime Assistance Tribunal

**Deliverable**: A date note of lodgement, award and withdrawal, for the lawyer to decide which body holds the file.

**Inputs**

- The old application and any award or withdrawal
- The VOCAT applicants page
- The date 18 November 2024

**Example**: Illustrative example: An interim award had been made, and the application was withdrawn on 2 December 2024. The note records that date as after 18 November 2024 and stops. It does not prepare a scheme application.

**Stop and escalate when**

- The lodgement date or the withdrawal date cannot be read from the file.
- There is an interim award and the question is outstanding future expenses.

Checked 2026-10-23.

## Sources

- [Victims of Crime Victoria: Information for VOCAT applicants](https://www.victimsofcrime.vic.gov.au/vocat-applicants) (checked 2026-10-23)
- [Victims of Crime Victoria: Request a review of an outcome decision](https://www.victimsofcrime.vic.gov.au/request-review-outcome-decision) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*