There are some circumstances in which a victim of crime (or the near relative of someone who died as a result of a crime) can claim money from the Government to go some way towards compensating for injury. Injury can include mental illness, shock, or pregnancy if they are a result of the crime, but does not include property loss or damage.

You do not necessarily need to know who the offender was, or wait for the offender to be convicted of the crime, to apply for compensation. However, you do have to make the claim within 3 years of the offence, or 1 year if the victim of the offence died. However, for children, the time limits start when they turn 18.

Compensation is initially paid from public funds, but the Government can require the offender to pay it back, if he or she is able to. You should discuss this in greater detail with your lawyer when asking him or her to make your victims compensation claim.

If you need money urgently, you might be entitled to an interim (or emergency) payment. You can get advice on interim payments from your lawyer. If you are granted an interim payment, this amount will be deducted from any other compensation you receive under the victims compensation scheme.

The victims compensation scheme is there to provide help when you cannot receive it from any other source. If you have other sources of compensation available to you (such as insurance or Workcover), the victims compensation payable to you may be reduced accordingly.

The Victim Support Service or the Law Society of South Australia can refer you to a lawyer practising in this area. Inquiries may also be directed to the Attorney Generals Department, Victims Compensation phone 8207 1687, or the Courts Administration Authority, Victims Applications phone 8204 0287.

A victim who does not suffer an injury, or whose injury is of only a minor or temporary nature, may not be entitled to compensation, but may still be able to apply for some assistance. Payments can be made from the Fund in the Attorney-General's discretion to help victims to recover from the effects of the crime on their daily lives. For example, a victim who is traumatised by a death threat could ask to be assisted with home or personal security measures. Victim Support Service (phone 8231 5626) can provide more information and help you to apply.

The Legal Services Commission publishes the Law Handbook On-line, which includes information on victims compensation.

Last Modified: 11 May, 2007
URL: http://www.voc.sa.gov.au