Victims often ask themselves many questions after they have experienced a crime, the most common of which is whether they are entitled to victim compensation.
Who is eligible?
There are three categories (primary, secondary and family) of victims who are eligible for compensation.
A primary victim is someone who is injured or dies as a direct result of a crime or as a direct result of trying to stop someone form committing an act of violence, help or rescue someone against whom an act of violence is committed or arresting the offender.
A secondary victim is someone who sustains an injury as a direct result of witnessing the crime against the primary person. Some states may carry the exception that a secondary victim who is a parent/guardian of a primary victim under 18 years of age does not necessarily have to witness the crime but just become aware of it.
A family victim is the primary victim's spouse (including same-sex and de facto), a parent, guardian or step-parent, a child, step-child or ward, a sibling or step-sibling.
Depending on the legislation, certain categories of people cannot claim victim compensation, such as people who are legible for workers' compensation, road accident victims, prisoners and the person who actually commits the offence.
Can I receive compensation for any crime?
Generally, no. Consult your lawyer who will inform you of the offences where compensation is available to claim. Usually an "act of violence" must have occurred and must have been committed in the course of the crime and resulted in injury or death to people. Some legislation includes sexual assault and domestic violence as acts of violence.
What type of compensation is available?
This varies within Australia but generally, a primary victim can receive compensation for listed injuries in the relevant legislation, actual expenses lost, actual loss of earnings and personal effect worn or carried at the time of the crime that were lost or damaged as a direct cause of the crime. Victim compensation usually deals with actual losses and not future losses. It is advised to speak to your lawyer to determine what compensation is available for your particular situation.
A secondary victim can claim compensation for injuries listed in the relevant legislation and financial loss such as actual expenses and lost income incurred as a direct result of the injury. Secondary victims' claims for compensation often depend on the primary victim's eligibility for compensating. Speak to your legal representative to ensure that your situation as a secondary victim is not impacted by the primary victim.
A family member generally can only apply for compensation if the primary victim dies as a result of the crime. Depending on the relevant legislation, if more than one family member applies for victim compensation, a maximum amount of compensation may be capped. Dependant family members (who the primary victim was their carer) will have priority over non-dependants. Often, family disputes may arise so it is advisable for each family member to speak to a legal representative to ensure the issue of compensation is dealt with as fairly and as delicately as possible.
Is there anything else I need to know?
Compensation claims are a very difficult process, especially when extreme hardship is suffered. It is strongly recommended to speak with a lawyer who will advise on the particularities of your individual situation. There may be time limits on when to claim, and appeals process to review a compensation claim.
