The FAS must decide whether the application is a minor or substantive variation. To decide this, the FAS will look at:
- the reasons for the VOCAT award
- the reasons for the new assistance
- how the further assistance relates to the original VOCAT award, and
- the material provided with the original VOCAT application.
The differences between minor and substantive variations are outlined below:
| Minor Variation | Substantive variation[49] | |
|---|---|---|
| Number of applications allowed | No limit | One |
Definition of type of variation
| A minor variation is a variation which gives effect to the original intention of the VOCAT award. Minor variations help applicants respond to small changes in circumstances so they can access the assistance VOCAT wanted to provide. | A substantive variation is any other type of variation. Substantive variations add extra assistance to an award by adding a completely new type of assistance. |
Examples of variations
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|
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✅ Minor variation Example: VOCAT awarded Donna $1,500 for dental expenses to complete minor reconstructive surgery. After some time, it becomes clear that Donna’s surgery was not successful, and Donna’s dentist identifies further injuries that need attention at an estimated cost of $8,000. Donna applies to the FAS for a variation of her VOCAT award for additional medical expenses of $8,000. Donna provides documents from her dental surgeon describing how the nature of her injury has changed but remains connected to the injury and provides a recommendation for further surgery. The FAS decides Donna’s variation application is minor, as the additional assistance is connected to the intention of the original assistance. |
✅ Variation not required Example: VOCAT awarded Kaylin 10 counselling sessions and he elects to attend Caring Psychologists in Hawthorn. After attending two sessions, Kaylin’s psychologist informs him that the clinic is closing down and refers him to a new psychologist in Kew for the remaining eight sessions. Kaylin does not need to apply to the FAS to vary his VOCAT award as the new psychologist is providing a ‘like for like’ service and has the same qualifications as his previous psychologist. The FAS will confirm these details when Kaylin seeks payment for the remaining sessions. |
✅ Minor variation Example: VOCAT awarded Jane 7 counselling sessions due to the anxiety she has been facing since being the victim of a violent crime. After attending 7 counselling sessions Jane still requires further treatment for her anxiety. Jane applies to the FAS to vary her VOCAT award to seek 10 additional counselling sessions. The FAS decides Jane’s variation application is minor, as the additional assistance is connected to the intention of the original assistance. |
Footnotes
[49] Section 74(4) of the Act.
[49a] Note that a variation is not required if the victim is changing a service provider if the new service provider is providing a ‘like for like’ service, treatment or therapy and has the same qualifications.
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