Distress and Dependency
The amount of financial assistance awarded to a related victim may include a payment to acknowledge the distress caused by the death of a primary victim, or in the case of a child who is too young to appreciate the loss, the distress that is likely to occur in the future. Related victims are not required to prove they have sustained an injury in order to be eligible for an award of distress.
The Tribunal may also award a related victim an amount of money that, but for the death of the primary victim, the related victim would have been reasonably likely to receive from the primary victim during a period of up to two years after their death.
How to apply for distress or dependency
Applicants seeking financial assistance for distress or dependency will need to lodge an Application Online or file an Application for Assistance with the Tribunal. Information on how to lodge an Application for Assistance is contained under How to Apply.
Documentation required in support of a claim for distress
Claims for distress should be supported by:
- evidence of the applicant’s relationship to the deceased primary victim; and
- evidence that the applicant has suffered grief, distress or trauma as a direct result of the deceased primary victim’s death (evidence may be given at a hearing).
Documentation required in support of a claim for dependency
Dependency claims should include:
- a completed Dependency Claim form;
- details of gross pre-death earnings of the deceased (including how earnings were calculated);
- documentation verifying WorkCover payments, Transport Accident Commission payments, Social Security payments, any other payments (if any) received by the applicant/deceased’s estate;
- tax returns of the applicant/deceased for the three financial years before the death of the primary victim and the financial years for the dependency claim period;
- details of the assets and liabilities of the applicant and the estate of the deceased;
- details of the financial contributions made by the deceased primary victim to the applicant for the three financial years immediately before the death of the primary victim; and
- verification of the relationship between the applicant and the deceased (e.g. spouse, child).
The above information is required in accordance with the Chief Magistrate's Practice Direction 8 of 2008- Dependency Claims. For further information see Practice Direction 8 of 2008-Dependency Claims.