VICTIMS OF CRIME - SOUTH AUSTRALIA
Victims of crime in South Australia are entitled to financial compensation & support to assist them to recover from the act of violence. The amount of financial compensation & support available to victims of crime may vary from state to state within Australia. Please complete the enquiry form below now & we will contact you promptly to discuss your financial, medical, counselling & other entitlements. This is a FREE SERVICE & there are NO COSTS to victims of crime.
Crimes against people such as physical assault, domestic violence, family violence, domestic abuse, sexual assault, sexual abuse, aggravated burglary, armed robbery, child abuse, child sexual abuse, rape, murder, stalking, breach of Intervention Order, bullying as well as any other violent crimes committed against a person during the past two years and which have been reported to the police may be compensable. Compensation may be provided for pain and suffering, loss of wages, medical, dental, surgical, ambulance, travelling and other similar expenses to victims of crime.
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Compensation for physical and/or psychological injury suffered by victims of crime in South Australia is available under the Victims of Crime Act 2001. A person is eligible to make a claim for statutory compensation for injury caused by an offence if the person is what is known as an immediate victim of the offence and at least one of the following conditions is satisfied:
The offence involved the use of violence or a threat of violence against the person or a member of the person’s immediate family.
The offence created a reasonable apprehension of imminent harm to the person or a member of the person’s immediate family.
The offence is a sexual offence.
The offence caused death or physical injury.
An immediate victim, in relation to an offence, means a victim of any of the following classes:
A person who suffers physical injury as a result of the commission of the offence.
A person who suffers psychological injury as a result of being directly involved in the circumstances of the offence or in operations in the immediate aftermath of the offence to deal with its consequences.
If the offence was committed against a child—a parent or guardian of the child.
If the offence was committed against a person who dies as a result of the offence—a member of the immediate family of the deceased.
The person is also eligible to make a claim for statutory compensation for grief suffered as a consequence of a homicide if the person is:
- A spouse or domestic partner of the deceased victim; or
- Where the deceased victim was a child, a parent of the deceased victim.
A person is also eligible to make a claim for statutory compensation for financial loss suffered by the dependents of a deceased victim if the victim died as a result of the injury caused by the offence, no previous order for statutory compensation has been made in respect of the injury and the person is, in the opinion of the court, a suitable person to represent the interests of the dependants.
There are certain exceptions when a person is not entitled to statutory compensation including where:
the injury arises from a breach of statutory duty by the person’s employer that occurs in the course of the person’s employment;
the person has received, or is entitled to receive, workers compensation for the same harm under the WorkCover legislation;
the injury is caused by, or arises out of the use of, a motor vehicle in circumstances in which the injury falls within the ambit of a compulsory third-party insurance scheme covering the motor vehicle
A person is also eligible to make a claim for compensation for funeral expenses if the victim dies as a result of an offence and a person has paid or is responsible for the payment of the victim’s funeral expenses.
A person’s immediate family includes a spouse or domestic partner, a parent, a grandparent, a child (including an adult child), a grandchild (including an adult grandchild) and a brother or sister.
A person who is eligible to claim compensation may apply within what is known as the initial application period. That period is, for an application by a victim, 3 years after the commission of the offence and for an application arising from the death of the victim, 12 months after the date of death. In certain circumstances these time limits may be extended.
The application is made in the first instance to the Crown Solicitor. The application is accompanied by various documents including any relevant medical report and documents concerning any loss of earnings.
If agreement cannot be reached with the Crown Solicitor then proceedings can be issued in the District Court of South Australia, in which case the claim will be determined by a Judge. There is a time limit within which court proceedings must be issued but In certain circumstances this time limit may be extended.
In the case of an application for compensation for grief, a claimant can be paid up to $10,000.00.
In the case of an application for compensation of funeral expenses, the claimant can be paid the amount of the funeral expense incurred or $7,000.00, whichever is the lesser.
A claimant can also claim compensation for non-financial and financial loss. Non-financial loss means pain and suffering, loss of the amenities of life, loss of expectation of life and disfigurement.
Subject to certain qualifications, statutory compensation amounting in aggregate to more than $50 000 cannot be awarded to any single claimant.
If the offender is not known then a victim may still be entitled to compensation provided the commission of the offence can be proved by supporting evidence. It is therefore not necessary that the identity of the offender if known.
Legal costs are paid separately by the Crown Solicitor and no amount may be deducted from the award of compensation for costs.
“Supporting the rights of Victims of Crime throughout Australia”