5. Redress
5.1Our terms of reference ask us to consider whether a redress scheme should be developed for victim-survivors of change or suppression practices. Redress schemes can provide victim-survivors with a range or redress options such as an acknowledgement or apology from the reported party, access to counselling and psychological support and financial payments to recognise harm suffered.[76]
5.2During consultation to develop the Act, victim-survivors suggested that a redress commission should be established to ‘provide financial support to survivors for recovery, in recognition of the costs of psychological support and reduced capacity to earn income.’[77] The establishment of a redress scheme was also recommended by the Sexual Orientation and Gender Identity Change Efforts Survivors (SOGICE) Survivor Statement.[78]
5.3No Australian jurisdiction has yet established a financial redress scheme or compensation fund attached to legislative responses to change or suppression practices.[79]
5.4There are existing options for Victorian victim-survivors to seek redress including financial compensation. These include:
•Facilitation: VEOHRC can facilitate outcomes which may include financial compensation made from the reported party to the survivor. However, a potential limitation is that facilitation only occurs by agreement of both parties.
•Civil action: Victim-survivors may attempt to seek financial compensation through civil laws such as negligence. Establishing negligence requires demonstrating a link between the action and the harm caused. This may be challenging to prove even though the civil standard is lower than the criminal standard. The time and personal and financial cost of litigation may also be a barrier.
•Victoria’s Financial Assistance Scheme (FAS): Victim-survivors may attempt to access financial compensation through the FAS, which began operating in November 2024 (replacing the Victims of Crime Assistance Tribunal).[80] It provides victims with financial assistance by helping with costs such as counselling, medical expenses and loss of earnings and can provide primary victims with up to $61,499.[81] To be eligible, FAS must be satisfied that an applicant was a victim of an act of violence,[82] and the crime must have been reported to Victoria Police within a reasonable time, but the offender does not need to be charged or convicted (there are special circumstances where a report is not required).[83] To be considered a primary or secondary victim applicants must show that they suffered an injury.[84] As set out in paragraph 4.4, proving injury may be difficult. However, the FAS only needs to be satisfied on the balance of probabilities.[85] An independent statutory review of the Victims of Crime (Financial Assistance Scheme) Act 2022 (Vic) is currently underway and will consider if the FAS is delivering against its guiding principles for LGBTIQA+ victims of crime.[86] The report is due by 31 October 2026.
•Compensation orders under the Sentencing Act 1991 (Vic): If a court finds a person guilty or convicts a person of an offence, a person who has suffered an injury as a direct result of an offence can make an application for a compensation order for pain and suffering as well as certain expenses incurred or reasonably likely to be incurred.[87] However, as discussed above there have been no prosecutions to date under the Act.[88]
5.5All Australian states and territories have state-funded financial assistance schemes for victims of crime.[89]
5.6Redress schemes have also been established in specific contexts. For example, the National Redress Scheme was established in response to the Royal Commission into Institutional Responses to Child Sexual Abuse.[90] It helps people who experienced institutional child sexual abuse including by providing access to counselling and a redress payment of up to $150,000.[91]
5.7We are interested in whether there are any gaps or issues with the existing options for redress which may require reform including the option of a standalone unique redress scheme for victim-survivors of change or suppression practices.
Civil cause of action
5.8In some jurisdictions, the legal framework prohibiting change or suppression practices enables tribunals to make orders requiring respondents to compensate victim-survivors for loss or damage suffered.[92] For example, in New South Wales, under the Conversion Practices Ban Act 2024 (NSW) if a matter does not resolve through conciliation, a victim-survivor can take their matter to the NSW Civil and Administrative Tribunal, where the outcome could include financial compensation of up to $100,000.[93]
5.9In Victoria, under the Equal Opportunity Act 2010 (Vic), a person can make an application to the Victorian Civil and Administrative Tribunal (VCAT),[94] which can make an order that the reported party pay the applicant to compensate for loss, damage or injury as a result of unlawful discrimination, sexual harassment or victimisation.[95]
5.10Currently, the Victorian Act does not provide a pathway that would allow victim-survivors or VEOHRC to refer reports of change or suppression practices to VCAT. Introducing an option to refer reports to VCAT for determination may enable victim-survivors to be awarded compensation.
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Questions 12.Do existing avenues for redress adequately meet the needs of victim-survivors of change or suppression practices? Are there gaps, harms or barriers that require an additional or separate redress mechanism? 13.Should a civil cause of action be introduced under the Act? What distinct purpose would it serve compared to existing pathways? |
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National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth) s 16.
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Victorian Government, Legislative Options to Implement a Ban on Conversion Practices: Consultation Outcomes Report (Report, 2019) 16 <https://engage.vic.gov.au/conversion-practices-ban>.
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Sexual Orientation and Gender Identity Change Efforts Survivors, SOGICE Survivor Statement (Report, 2020) 9 <https://sogicesurvivors.com.au/wp-content/uploads/2024/03/Survivor-Statement-A4-Doc-v1-2-Digital.pdf>.
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A redress scheme was a common suggestion to the Tasmania Law Reform Institute’s inquiry into conversion practices Tasmania Law Reform Institute, Sexual Orientation and Gender Identity Conversion Practices (Final Report No 32, April 2022) 183.
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Established by the Victims of Crime (Financial Assistance Scheme) Act 2022 (Vic) ss 10–11, with some eligible for up to an additional $25,000 in certain circumstances under the special financial assistance provisions.
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Primary victim cap for the 2025-26 financial year. Victorian Government, ‘About the Financial Assistance Scheme’, Victims of Crime (Web Page, 18 August 2025) <https://www.victimsofcrime.vic.gov.au/about-fas>; Victims of Crime (Financial Assistance Scheme) Act 2022 (Vic) s 10. In addition to the $61,49925 limit, primary victims may also be eligible for a payment of special financial assistance. This payment may be up to $25,000 under s 11. Victorian Government, Financial Assistance Scheme Guidelines (Report, Victims of Crime Financial Assistance Scheme, 30 June 2025) 52, 65–68.
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Section 3(1) defines an Act of violence as criminal act or a series of related criminal acts, committed by one or more persons, that has— (a) occurred in Victoria; and (b) directly resulted in injury to or the death of one or more persons, regardless of where injury or death occurred: Victims of Crime (Financial Assistance Scheme) Act 2022 (Vic) ss 3, 9, 13, 15.
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In considering whether there are special circumstances the FAS can look at factors such as a sense of shame, distress or trauma, fear of stigmatisation or ostracism from community and religious or cultural reasons, including due to religious beliefs or community expectations. Victorian Government, Financial Assistance Scheme Guidelines (Report, Victims of Crime Financial Assistance Scheme, 30 June 2025) 22; Victims of Crime (Financial Assistance Scheme) Act 2022 (Vic) s 31(2)(a).
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Victims of Crime (Financial Assistance Scheme) Act 2022 (Vic) ss 9(1), 13(1).
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Ibid s 28(1).
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Victorian Government, Terms of Reference: Independent Review of Victims of Crime Financial Assistance Scheme (10 February 2026) <https://www.victimsofcrime.vic.gov.au/reports-and-reviews>; Victims of Crime (Financial Assistance Scheme) Act 2022 (Vic) s 71.
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Sentencing Act 1991 (Vic) s 85B.
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It has also been noted that ‘compensation orders for injury are rarely made.’ Victorian Law Reform Commission, Victims of Crime Assistance Act 1996: Report (Report, 2018) 40 <https://www.lawreform.vic.gov.au/publication/review-of-the-victims-of-crime-assistance-act-1996-report/>; Additionally, there are difficulties with enforcement and compensation orders are limited by the offender’s capacity to pay: Sentencing Advisory Council, Restitution and Compensation Orders Report (Report, October 2018) 43–44. <https://www.sentencingcouncil.vic.gov.au/sites/default/files/2019-08/Restitution_and_Compensation_Orders_Report.pdf>.
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Criminal Injuries Compensation Act 2003 (WA); Victims of Crime Act 2001 (SA); Victims of Crime Assistance Act 1976 (Tas); Victims of Crime Assistance Act 2006 (NT); Victims of Crime Assistance Act 2009 (Qld); Victims of Crime (Financial Assistance) Act 2016 (ACT); Victims Rights and Support Act 2013 (NSW).
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Royal Commission into Institutional Responses to Child Sexual Abuse, Final Report – Volume 9, Advocacy, Support and Therapeutic Treatment Services (Final Report, Attorney-General’s Department (Cth), 2017) 12.
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National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth) s 16.
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Conversion Practices Ban Act 2024 (NSW) ss 27(1),42; Conversion Practices Prohibition Legislation Act 2022 (NZ) s 12; Equal Opportunity Act 1984 (SA) ss 86A, 95B, 96; Human Rights Commission Act 2005 (ACT) ss 53ZA-53ZF.
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Conversion Practices Ban Act 2024 (NSW) ss 27–29.
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Equal Opportunity Act 2010 (Vic) s 122.
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Ibid s 125(a)(ii).
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