(NSW) Remove the 10-Year Time Limit for Accessing the Victim Support Services Recognition Payment

Alanah Bowden
1 day ago
8 min read

Author: Alanah Bowden | Publish date: 16/6/2026

Trigger warning: Domestic violence, sexual offences

P: In NSW, victim-survivors of adult sexual and domestic violence face a 10-year time limit to apply for recognition payments under the Victims Support Scheme.
S: The NSW Attorney General should repeal section 40(5) of the Victims Rights and Support Act 2013 (NSW), to remove the 10-year time limit for adult sexual assault and domestic violence victims to apply for a recognition payment.
E: Women’s Legal Service NSW (WLS NSW) - ‘Remove upper time limits on recognition payments for victim-survivors of domestic violence [and] sexual assault’.

Problem Identification:

Section 40(5) of the Victims Rights and Support Act 2013 (NSW) states that ‘an application for a recognition payment … must be duly made within 10 years after the relevant act of violence’. However, WLS NSW stated that ‘there are no out of time provisions for filing an application for a recognition payment.’

According to WLS NSW, this means that adult victims-survivors of domestic violence and sexual assault need to apply for the recognition payment within time limits that ‘are too restrictive.’

Context:

According to the Australian Department of Health, Disability and Ageing (ADHDA), domestic violence refers to ‘any behaviour in an intimate relationship that causes physical, sexual, or psychological harm.’ Whilst sexual violence, according to the ADHDA, refers to ‘sexual activity that happens where consent is not willingly given or obtained’ or ‘is withdrawn.’

The NSW Victims Support Scheme (VSS) offers eligible adult victim-survivors of sexual and domestic violence up to $10,000 in recognition payment as an acknowledgment from the NSW government that they have been the ‘victim of a violent crime.’ According to the NSW Government, a person is eligible if they were a primary victim of domestic and sexual violence. They then can apply for the scheme by providing a ‘report that explains what happened’ and ‘medical, dental, or counselling report(s) that show how the incident affected [them].’

Arguments:

NSW Health stated that ‘strict time limits are … problematic for adult victims of domestic and family violence and sexual assault, who may delay their disclosure of abuse for a considerable period’. WLS NSW reported that it can ‘take some time for a victim-survivor to identify that what has happened to them is a crime’ and this would require the victim-survivor to have an awareness of the available supports. DV NSW reported that ‘people who have experienced violence may not … seek support for many years due to fear and stigma … and family and social pressures.’ Executive Director of With You We Can (WYWC), Sarah Rosenberg, told FORE that often domestic and sexual violence are ‘very slow, very insidious, very subtle patterns of behaviour that by definition develop and escalate over time. Whereby the person experiencing it might not even realise it’s happening.’ Rachel Thompson, a victim-survivor, reported that it took 10 years for her to recognise the experience as assault, and noted that ‘it can take years – sometimes decades – for some survivors to realise’.

WLS NSW stated that enforcing time frames on a victim-survivor ‘fails to acknowledge the impact of trauma on a victim’s capacity to complete complex administrative and legal tasks.’ Safe Steps Family Violence Response Centre observed that the burden of administrative and evidentiary requirements can be misaligned with the reality of such situations, and could even be ‘re-traumatising’ for those involved. Sarah Rosenberg reported to FORE that the digital infrastructure of the application pages of the VSS is outdated and often malfunctions, causing the victim-survivor to submit the same information repeatedly. South West Sydney Legal Centre recounted a victim-survivor’s story where she had to speak about the violence to 7 different practitioners to obtain the documentation needed to apply for the recognition payment. They reported this happened even though she was not ready to talk about the violence again. WLS NSW stated that ‘barriers ... can compound a victim-survivor’s trauma leaving them feeling invalidated, unheard and the act of violence not acknowledged.’

Advice/Solution Identification:

WLS NSW, NSW Health, DV NSW and Full Stop Australia have called for the removal of the 10-year time limit for accessing the VSS Recognition payments. Full Stop Australia has stated that ‘removing the time limits for these categories recognises the effect of trauma on victim-survivors accessing the scheme and ensures all victim-survivors can access the scheme.’

Precedent:

There is a parallel domestic precedent for removing the 10-year time limit. In NSW, there is no time limit listed in the Victims Rights and Support Act 2013 (NSW) for childhood survivors of sexual assault to access recognition payments.

Public Support:

Women’s Legal Centre NSW
Fullstop Australia
Domestic Violence NSW
NSW Health
The Law Society of NSW
Women’s Health NSW
Sarah Rosenberg - With You We Can (see acknowledgements)
Vicki Lowik (see acknowledgements)

This list reflects publicly stated positions and should not necessarily be taken as endorsement of this specific brief.

News Coverage:

The Conversation - “The royal commission recommended abolishing time limits on abuse cases - a year on, nothing has changed”. The article reported on how New Zealand is behind Australia in their precedent of removing time limits for the reporting of sexual violence cases, particularly affecting childhood abuse cases. By: Zoë Prebble | 1 Aug 2025 - Read the article here.
The Guardian - “Victoria removes time limits on civil claims over child sex abuse”. This article illustrated a Victorian case where time limits were removed to better reflect the lived realities of the victim-survivors who were restricted by them. By: The Australian Associated Press | 24 Feb 2015 - Read the article here.
The Guardian - “Unacknowledged Rape: the sexual assault survivors who hide their trauma - even from themselves”. This article reported on the lived experiences of victim-survivors of sexual assault and highlights that it can take an extended period of time for survivors to come forward. By: Rachel Thompson | 26 Aug 2021 - Read the article here.
The Conversation - “I’m a sexual assault counsellor. Here’s why it’s so hard for survivors to come forward, and what happens when they do” This article reported on why it can take victim-survivors a long time — if ever — to come forward, or report their experience of violence. By: Neeraja Sanmuhanathan | 3 Mar 2021 - Read the article here.

Where to go to learn more:

Submission to the Australian Law Reform Commission Issues Paper: Justice Responses to Sexual Violence | Women's Legal Services NSW - This report served as a key foundation for this brief, and recommends the removal of the 10-year time limit for accessing the VSS recognition payment. The report looks at reforming aspects of the Victims Rights and Support Act 2013 (NSW) to better reflect and support the realities of victim-survivors. Read the full submission here.
Submission in response to the Statutory Review of the Victims Rights and Support Act 2013 | South West Sydney Legal Services NSW - This report covered a wide range of issues in the current Victims Rights and Support Act 2013 (NSW). The report also contains multiple case studies and victim-survivor testimonies from interacting with NSW Victims Support Services. Read the full submission here.
Statutory Review of the Victims Rights and Support Act 2013 | Full Stop Australia -This review confirmed there is a range of complexities for victim-survivors interacting with the VSS, including the burden of excessive evidence collection needed when applying for the scheme. Read the full review here.
Recognition payment through the Victims Support Scheme | NSW Government - This page provides further information about the eligibility and application process for the VSS recognition payment. Read the full page here.
Victims Rights and Support Act 2013 (NSW) - Read the full act here.

Human Perspective:

Trigger Warning: sexual and domestic violence

Bella sat with her eldest daughter, Lisa, as she confessed that she had been sexually, physically, and mentally abused by her boyfriend. While supporting Lisa through this, Bella began to realise that she had experienced the same violence in her own twenties. Now, at 50 years old, she was hearing that her daughter had been hurt in the same way. This brought back many memories of Bella’s own trauma; things she had hidden for a long time out of fear, and because she had never been entirely sure whether what she experienced counted as sexual assault or abuse. She recalled how difficult it had been to recognise the violence for what it was. When she tried to raise concerns with her partner, he would apologise and promise it would never happen again, leaving her uncertain and hopeful that things might change. Alongside this, there were quieter but persistent forms of control, such as criticising her behaviour, repeatedly calling her when she was out with friends, and threatening to harm himself if she ever left. Over time, he convinced her that this was simply what relationships looked like, making it even harder for her to trust her own instincts about what was happening. The relationship lasted eight years. Supporting Lisa, while also coming to terms with these realisations about her own experiences, left Bella devastated. Both women were referred by their local GP to trauma psychologists, who informed them about the Victims Support Services Scheme. It had taken Bella decades to become aware that her experiences were that of domestic violence and that she felt emotionally prepared to step forward. However, the 10-year time limit from the date of the offences ultimately prevented her from accessing the recognition payment.

To protect the anonymity of those involved, this is a fictionalised account drawn from an amalgamation of real-life stories, experiences and testimonials gathered during the research process for this brief. Any resemblance to actual individuals is purely coincidental.

Conflict of interest/acknowledgment statement:

Rosenberg, S (2026). Chat regarding the NSW Victim Support Services Scheme and confirmed her support for this solution [Video interview with Executive Director, With You We Can]. April 28, 2026.

Vicki Lowik (Adjunct Research Fellow, Central Queensland University) confirmed her support for this solution via email to FORE Australia on May 15, 2026.

Support

If your organisation would like to add your support to this paper or suggest amendments, please email Info@foreaustralia.com.

Disclaimers

Please review all FORE disclaimers here.

Reference list:

Australian Department of Health, Disability and Ageing. (2024, March 1). About Family, Domestic and Sexual Violence.

https://www.health.gov.au/topics/family-domestic-and-sexual-violence/about.

Community Legal Centres NSW. (2016, July 29). Review of the Victims Rights and Support Act. https://www.wlsnsw.org.au/wp-content/uploads/CLCNSW-Review-of-VSRA-sub-12-month-sub-fa.pdf

Domestic Violence NSW. (2021, March). Victims Services NSW – Feedback on six months of service changes July 2020-December 2021. https://www.dvnsw.org.au/wp-content/uploads/2025/11/MARCH-2021-Feedback-Victims-Services-Review-2021.pdf

Full Stop Australia. (2022, July). Statutory Review of the Victims Rights and Support Act 2013. https://fullstop.org.au/uploads/main/Submissions-Reports/2022/FSA-submission-re-Victims-Support-Review.pdf

Multari, P., An, S., Tassell, M. (2022, July). Submission in response to the Statutory Review of the Victims Rights and Support Act 2013. South West Sydney Legal Centre. https://jsc.org.au/wp-content/uploads/2024/08/Submission_Jul2022_Statutory_Review_Victims_Rights_and_Support_Act.pdf#page=2.13

NSW Health. (n.d). Submission: Statutory review of the operation of the Victims Rights and Support Act 2013. https://dcj.nsw.gov.au/documents/about-us/engage-with-us/public-consultations/statutory-review-victims-rights-support-act-2013/NSW-Health.pdf

Safe Steps. (2017, October). Submission to Victorian Law Reform Commission: Review of the Victims of Crime Assistance Act.

https://www.safesteps.org.au/wp-content/uploads/2018/03/submission-victims-crime-assistance-act-review-2017.pdf?utm_source

Thompson, R. (2021, August 26). Unacknowledged rape: the sexual assault survivors who hide their trauma – even from themselves. The Guardian. https://www.theguardian.com/society/2021/aug/26/unacknowledged-the-sexual-assault-survivors-who-hide-their-trauma-even-from-themselves

Women Against Abuse. (2019). The Language We Use. https://www.womenagainstabuse.org/education-resources/the-language-we-use

Women's Legal Service NSW. (2024, June 14). Submission to the Australian Law Reform Commission Issues Paper: Justice Responses to Sexual Violence. https://www.wlsnsw.org.au/wp-content/uploads/WLS-NSW-Response-to-ALRC-IP-Justice-Responses-to-SV-w-Appendix-fa.pdf

Women’s Legal Service NSW. (2022, July 11). Submission to the Department of Communities and Justice. The importance of victim-survivors being able to access what they are entitled to and need. Statutory review of the Victims Rights and Support Act (NSW) (VRSA). https://www.wlsnsw.org.au/wp-content/uploads/WLS-NSW-sub-VSRA-Review-fa.pdf