Frequently Asked Questions
You need to check the relevant legislation in your State and Territory, as the rules are different in each jurisdiction.
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How much compensation can I receive through a victims’ compensation scheme?
- The amount received will vary from case to case. Each jurisdiction has a cap for the maximum amount of compensation awarded and this varies from state to state. The maximum and minimum amounts available to victims are as follows:
- ACT:
- minimum: $100,
- maximum: $50,000.
- NSW:
- minimum: $1,500,
- maximum: $15,000.
- NT:
- minimum: $7,500,
- maximum: $40,000.
- QLD:
- no minimum amount,
- maximum: $75,000.
- SA:
- minimum: over $2,000 for non-financial loss,
- maximum: $50,000.
- TAS:
- no minimum amount,
- maximum: $30,000.
- VIC:
- no minimum amount,
- maximum: $60,000, plus $10,000 for special assistance.
- WA:
- no minimum amount,
- maximum: $75,000.
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Who is a victim?
- A victim is anyone who has suffered physical, emotional or financial harm because of a crime.
- A secondary victim is the spouse, parent, sibling or child of a homicide victim.
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How can I prove emotional or mental harm?
- A report from a psychologist or a psychiatrist will generally be required to show that a victim has suffered emotional or mental harm as a result of a crime.
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Who pays the compensation?
- Compensation is paid to the victim by the government.
- It is not dependant on whether the offender has any assets.
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Who decides how much I am entitled to?
- A magistrate or assessor will decide how much you are entitled to within the limit set by your state or territory.
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Can I apply for compensation even if the police decide not to go ahead with the charges?
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What happens in court?
- Some states require a victim to go a court hearing to have their claim assessed.
- These hearings are much less formal than normal court hearings.
- The magistrate will assess your claim based on the documents provided and may ask you or your lawyer questions about other issues not covered by the documents.
- The magistrate will then make an order about your claim.
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Will I have to see the offender in court?
- No. The victims’ compensation process has nothing to do with the offender or their lawyers.
- Usually the offender will not even know that you have made a claim for compensation.
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Does the offender need to have been charged, arrested or convicted for a victim to apply for compensation?
- No. An application for compensation can be made any time after the offence has occurred.
- A victim does not even need to wait for the offender to be identified before commencing the process.
- Part of the reason why victims’ compensation emerged is to encourage a higher rate of reporting of crime.
- In most states and territories a victim is ineligible to apply for compensation until the matter has been reported to police.
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Can I apply for compensation without reporting the crime to police?
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What documents do I need to lodge a claim?
- It depends on which state or territory you are in.
- Generally you will need:
- a copy of the report you made to police;
- receipts for any medical treatment you have undergone; and
- payslips to show any loss of income.
- A lawyer will be able to assist you in collecting the documents you need and completing your application.
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Can I make a claim for future expenses or loss of earnings?
- Yes. Your application should include any losses you have already incurred as well and future expenses you anticipate will be incurred.
- This would be for things like taking further time off work or follow-up doctors’ appointments.
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Can I apply for compensation for property loss?
- No. The victims’ compensation scheme is for pain and suffering applications only.
- A claim for property loss can be made two ways:
- an application made against the offender at the time of sentence; or
- by commencing civil proceedings against the offender.
- Whether or not the claim will be paid is dependent on what assets or financial resources the offender has.
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What if the amount I received through victims’ compensation wasn’t enough? Can I make a further application?
- No. The order for victims’ compensation will be considered final with very limited avenues for appeal.
- It is very important to make sure your application takes into account all loss you have already incurred and will incur into the future.
- A lawyer will be able to assist you with this process. You can find a lawyer specialising in victims’ compensation in your area by using our Find a Lawyer directory.
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How long will it take for me to receive compensation?
- There is no set time for finalising an application.
- The amount of time taken will depend on the nature and circumstances of the claim.
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View more Information on Victim Compensation