Victim Impact Statements in Victoria: A Complete Guide

If you are going through the court process in Victoria, a victim impact statement is your chance to be heard. It is your account, in your own words, of how a crime has affected you. The judge or magistrate reads it before deciding the sentence.

This guide covers everything you need to know about writing and submitting one in Victoria. It also explains how your statement connects to financial assistance and compensation, and where to find help along the way. It is written for the person actually going through this, not for lawyers.

What a victim impact statement is in Victoria

A victim impact statement tells the court how a crime has affected your life. In Victoria it sits under the Sentencing Act 1991, which requires the court to consider the impact of the crime on victims. You make it after a person has pleaded guilty or been found guilty, and it is used at the plea hearing, before they are sentenced.

One thing sets Victoria apart. Your statement must be in the form of a statutory declaration. That means it is signed by you and declared to be true and correct in front of an authorised witness, such as a lawyer, a police officer, or another authorised person. If it is not, the court may not accept it. There is an official form that sets this out, so you do not have to work it out yourself.

Making a statement is your choice. If you decide not to, the court will still hear about the impact through the other evidence, and it will not treat your decision as meaning you were not harmed.

Who can make one in Victoria

Victoria is broad about who can make a statement, and about which cases it applies to. A statement can be made in relation to any offence. A victim, for this purpose, is a person who has suffered injury, loss or damage as a direct result of the crime, and that includes grief, distress and trauma, not only physical injury.

You do not have to be the main victim, or the next of kin. Family members and others affected by the crime can make their own statement about how it affected them. If the person harmed is under 18, unwell, or has a disability that affects their ability to write one, someone can make a statement on their behalf. If you are not sure whether a statement is right for you, the Victims of Crime Helpline can talk it through.

What to put in, and what to leave out

Your statement is about impact, not evidence. The court already has the facts of the crime, so you do not need to describe what happened. Your job is to describe the effect it had on you. In Victoria, a statement can include more than words. You can attach photographs, drawings, poems, or other material that relates to the impact of the crime, and you can attach a medical report from your doctor, dentist or psychologist to support what you have written. You can also ask a witness, such as your doctor, to give evidence to support your statement, which you arrange through the prosecution.

There are limits. Your statement should only be about how the crime affected you. Do not give your opinion on the offender or on what sentence they should receive, and keep out anything offensive or threatening. If you include material that is not allowed, the court can treat that part as inadmissible, which means it will not be read aloud and the judge will not take it into account, though the rest of your statement can still stand. If there is a concern about any part, the prosecution may raise it with you before the hearing. For a fuller walkthrough of what to include and how to structure it, see our guide on how to write a victim impact statement.

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How to write and submit it in Victoria

There is no single right way to write it, and you can write as much or as little as you like, as long as it ends with the statutory declaration. It is often best not to start straight after the crime, because it can take time to understand how something has affected you.

There are free official resources to help. The Victims of Crime website has a guide to victim impact statements, the statement form itself, and a plain language booklet called Victim Impact Statements Made Easy, which walks you through it with simple prompts.

The witnessing step is easier than it sounds. A long list of people can witness a statutory declaration in Victoria, including police officers, lawyers, doctors, pharmacists, nurses, teachers and justices of the peace. A justice of the peace does it free, and many are available at police stations, courts and local libraries. Victoria also lets you sign and have a statutory declaration witnessed online, over a video call, if getting somewhere in person is hard. Either way, you say the declaration aloud, the witness watches you sign, and they sign in return. When it is done, keep a copy.

You give your statement to the legal team prosecuting the case, before sentencing. If your matter is in the Magistrates' Court, that is the police officer in charge of the case, sometimes called the informant. If it is in the County or Supreme Court, it is the Office of Public Prosecutions, or your Victims and Witness Assistance Service worker if you have one. Let them know before the plea hearing if you want some or all of it read aloud, if there are parts you do not want read aloud, or if you want a witness to give evidence to support it. Once it is handed to the court, your statement becomes part of the official court file, the offender and their lawyer can see it, and the media and public may read it. There are rules to stop victims of sexual offences being named, but it is worth thinking about your privacy as you decide what to include.

Reading it aloud

At the plea hearing, you choose how your statement is presented. You can read it aloud yourself, have the prosecutor read it, or have the prosecutor hand it to the judge without reading it. You can read all of it or only part. If you read it, the court can put arrangements in place to make it easier. You can have a support person of your choosing beside you, the court can use screens so you do not have to see the offender, you can read from outside the courtroom by video link, and the court can limit who is present. Talk to the prosecutor or your witness assistance worker early about what will be most manageable for you.

How your statement connects to money you may be owed

In Victoria, getting financial help after a violent crime is separate from your victim impact statement. There are two main paths, and your statement connects to both.

The Financial Assistance Scheme

Victoria's Financial Assistance Scheme, known as the FAS, began on 18 November 2024 and replaced the old court-based tribunal, VOCAT. It is a government-funded scheme that you apply to online, from home, without going to court or facing the person who harmed you. It helps victims of a violent crime in Victoria recover.

A few things are worth knowing.

• It can help with counselling, medical expenses, lost earnings, safety related costs, and other expenses connected to your recovery. A primary victim can receive up to $60,000, and some people are eligible for up to an additional $25,000 in certain circumstances. The scheme does not cover lost or damaged property.
• If you have urgent needs, you can ask for interim assistance, which is paid while the scheme works through the rest of your application, so immediate costs do not have to wait.
• There is also special financial assistance, a lump sum paid to primary victims on behalf of the community to acknowledge the harm. You can choose to receive a recognition statement from the State as well, which acknowledges the effect of the crime and expresses condolences.
• You generally need to have reported the crime to police within a reasonable time, or explain the special circumstances if you did not.
• Time limits were extended when the new scheme began. You generally have three years to apply, and ten years for sexual offences or family violence, calculated from when the crime happened. A child victim has until they turn 21, and there is no time limit at all for a child victim of family violence or child abuse. Extensions can be granted, so it is worth asking even if you think you are out of time.
• You can apply yourself, or nominate someone, such as a lawyer, to apply for you. Family members are now assessed individually rather than sharing one pool, and eligibility has been widened to recognise Aboriginal kinship, LGBTQI+ relationships, and others you consider close family. There is a dedicated pathway with specialist workers for Aboriginal and Torres Strait Islander victims.

Compensation ordered by the court

Separately, if the offender is found guilty, you can ask the sentencing court to order them to pay you compensation. This can be compensation for the injuries, pain and suffering the crime caused, and it can cover the value of property that was lost, damaged or stolen. In some cases the Office of Public Prosecutions can make this application for you at the plea or sentencing hearing, though if the offender opposes it, you would need your own lawyer to argue it. One important timing rule to know: if you are seeking compensation for pain and suffering, you must apply within 12 months of the offender being found guilty, though the court can extend that in some circumstances. It is worth getting legal advice early about this.

Two honest things to know about this path. The court can take the offender's financial circumstances into account, and if they have little or nothing, an order can be hard to collect, because it is up to you rather than the state to enforce it. And this path is not your only one. You can also bring a civil claim against the offender, whether or not they are found guilty, which a lawyer can advise you about.

Do you need your statement for a compensation claim?

This is a common question, and the honest answer is that it depends on which path you are using.

For the Financial Assistance Scheme, you do not need a victim impact statement, and you are not asked to attach one. The scheme is a separate application that works out your injury and expenses from its own form and the evidence you provide, such as a police report and medical records. You can apply to the scheme even if you never make a statement to the court.

For compensation ordered against the offender, a statement is not strictly required either, but it is strongly recommended. That compensation is decided by the same sentencing court that receives your statement, and it is meant to cover the pain and suffering the crime caused you. Your statement is a sworn account of exactly that, so it becomes useful evidence for the claim, alongside things like medical reports. Since you are likely making a statement for the sentencing anyway, it does double duty. It helps to tell the prosecutor, or your own lawyer, that you intend to seek compensation, so your statement and your claim can work together.

One more thing to keep in mind. If you receive money from the Financial Assistance Scheme and are later awarded compensation by the court for the same harm, the court reduces its order by what you have already been paid, so you are not compensated twice for the same thing.

How it fits together

The thread running through all of this is a single, honest account of how the crime harmed you. The same medical reports and receipts support your statement, a scheme application, and an offender compensation claim. The FAS does not require a conviction, so you can get support even if the accused is not found guilty, while your statement and any offender compensation come after a finding of guilt. The same people can help too. The Office of Public Prosecutions supports you with your statement and can apply for compensation, and the Victims Legal Service and the Victims of Crime Helpline can help with financial assistance.

Support services in Victoria

You do not have to face any of this alone. These are some of the main services in Victoria, what they do, and how to reach them.

• The Victims of Crime Helpline offers free information, advice and support, and connects you with practical and emotional help through the Victims Assistance Program. It can also help you prepare your statement. Call 1800 819 817 or text 0427 767 891.
• The Office of Public Prosecutions Victims and Witness Assistance Service supports victims and witnesses of serious crime through the County and Supreme Court process, helps with your statement, and can apply for compensation on your behalf. Visit opp.vic.gov.au.
• The Victims Legal Service, provided by Victoria Legal Aid with community legal centres and Aboriginal legal services, gives free legal help to understand your rights and to apply for financial assistance. You can reach it through Victoria Legal Aid.
• safe steps is Victoria's 24-hour family violence response line, offering crisis support, safety planning and accommodation. Call 1800 015 188.
• The Sexual Assault Crisis Line provides confidential after-hours crisis counselling for anyone affected by sexual assault, and connects you with your local Centre Against Sexual Assault. Call 1800 806 292.
• The Child Witness Service helps children, young people and their families prepare for court and complete a statement. Call 1300 790 540.
• National lines: 1800RESPECT on 1800 737 732 for sexual assault and family violence, Lifeline on 13 11 14 for crisis support, and 13YARN on 13 92 76 for Aboriginal and Torres Strait Islander callers.

Quick answers

Does a victim impact statement have to be a statutory declaration in Victoria?

Yes. Your statement must end with a statutory declaration, signed in front of an authorised witness, or the court may not accept it.

Do I have to read my statement aloud in court?

No. You choose. You can read it yourself, have someone read it for you, have the prosecutor read it, or have it handed to the judge without being read.

Can I attach photos or other material?

Yes. Victoria lets you include photographs, drawings, poems and medical reports, as long as they relate to the impact of the crime on you.

Do I need a victim impact statement to claim compensation?

Not for the Financial Assistance Scheme, which is a separate application. For compensation ordered against the offender it is not required either, but it is strongly recommended, because it is sworn evidence of your pain and suffering.

Can someone make a statement on my behalf?

Yes, if you are under 18, unwell, or have a disability that makes writing one difficult. Family members and others affected by the crime can also make statements of their own.

How Justice Draft helps in Victoria

The hardest part of a victim impact statement is usually the blank page. Justice Draft was built for exactly that. Our free guided questions take you through it one step at a time, in plain language, and turn your answers into a finished statement. In Victoria, remember that your statement needs to end with a statutory declaration, signed in front of an authorised witness, so use the official form for that final step. Because financial assistance rests on the same account of how you were harmed, the work you do here carries over to that as well.

A final word

There is no perfect victim impact statement. You are aiming for honest, in your own words. What happened to you mattered, and Victoria gives you a real place to say so, both to the court and, separately, towards getting some support to recover.