Victims of Crime Compensation

This is a free service and there is no costs to victims of crime

Compensation for Victims of Crime

Our firm assists victims in making a claim for compensation under the Victims of Crime scheme. The Victims of Crime scheme in South Australia compensates people who are injured by a crime. This can include but is not limited to a person who is physically or sexually assaulted, robbed or a victim of home invasion. The scheme gives consideration to physical and psychological injuries as well as financial loss.

It is important to note that the scheme does not compensate for property loss or damage as a result of a crime.

The Crown Solicitor’s Office assess each application individually and make an offer of compensation in line with the relevant legislation. The maximum amount of compensation payable under the current legislation is $100,000.00. The maximum amount available is dependent upon when the offending took place.

Victims of Crime scheme process

The process can be broken down into two steps – eligibility and impact.

Once you make contact with our firm and discuss your eligibility under the relevant legislation we will then commence your claim (if eligible). What this means is we will contact the Crown Solicitor’s Office and advise them of details pertaining to the offending which allows them to obtain the relevant information from Police and/or the Courts, this includes but is not limited to the following:

  • Full name;
  • Date of birth;
  • Offence date;
  • Offence type;
  • Offender/s name/s;
  • Police report number; and
  • Identification documents.

Evidence required for Victims of Crime scheme

Once the Crown has received all relevant documentation from SAPOL and/or the Courts they are able to determine your eligibility and accept or decline your application.

After the Crown accepts your claim it is then our job to obtain the evidence to support your application. This may include but is not limited to the following;

  • Medical reports;
  • Hospital records;
  • School or study records;
  • Tax records;
  • Photographs.

Our firm uses all relevant documentation to formulate your application and request an offer of compensation from the Crown. It is important to obtain all relevant evidence and documentation to ensure the Crown are able to assess your claim adequately.

Throughout the process the victim does not need to attend Court and does not have any further contact with the offender.

Victims of Crime FAQ

A person is eligible to claim Victims of Crime Compensation if they are the immediate victim of a crime which took place in South Australia, was reported to Police, and at least one of the following applies.

  1. The crime involved either violence or threat of violence to the victim.
  2. The crime created an imminent risk of harm to the victim (eg threat of violence).
  3. The crime was a sexual crime.
  4. The crime resulted in death or physical injury.

Where a sexual offence is committed against a child aged under 18 years the parents of the child are also entitled to seek compensation.

In cases involving homicide, immediate family members of the deceased are entitled to claim compensation.

You must first meet the criteria above. Once this has been established please make contact with our office via telephone, email or the online enquiry form under the ‘Contact us’ tab above. When contacting us in order to satisfy the identification requirements we will need one form of photo ID and one form of non-photo ID e.g. a bill or bank statement. It will also assist our office if you have access to your police report number.

The victims of crime compensation process includes establishing your eligibility (See question 1) and then, once your claim is accepted, outlining the impact that the offending has had on you (i.e. physical, psychological and financial) .

Nearly all the information required to complete your claim we can obtain on your behalf. This information may include, but is not limited to, medical records, ATO records, Department of Education records and information from Police.

When a victim makes a report to Police, they are provided with a unique police report number. This number will be of assistance in commencing your claim along with some other simple details. If for whatever reason you are unable to locate this number, we can retrieve it on your behalf.

The amount of compensation awarded varies for each claim and is based on a number of factors including the nature and extent of the physical and psychological impact of the crime and the financial impact of the crime upon you.

The following table outlines the maximum payments available based on the time the offending occurred:

Time that the crime occurred Maximum Payout
1970-1974 $1,000*
1974-1978 $2,000*
1978-1987 $10,000
1987-1990 $20,000
1990- 30 July 2015 $50,000
1 July 2015+ $100,000

*Where offending occurs between 1970 and 1978 we will usually seek a special payment from the Attorney-General (called an ex gratia payment) in addition to the compensation payment referred to above.

The Crown Solicitor’s Office is a branch of the South Australian Government who oversee the Victims of Crime fund. Our firm will communicate on your behalf with the Crown Solicitor’s Office throughout the process.

Compensation payments are paid from the Victims of Crime Fund, a government fund. This fund is supported by the Victims of Crime Levy which is included in a number of different infringements.

The Crown Solicitor’s Office pays our legal fees. At no point do Fletchers Lawyers ask the victim to pay.

If your claim is unsuccessful our legal fees are not paid. In this case Fletchers Lawyers does not require you to pay any fees and the file will be closed.

On average a claim takes one and a half years from commencement to finalisation. However, it may be completed sooner or later than this. It all depends on how long it takes criminal proceedings to finalise and how long it takes to obtain relevant medical and financial loss evidence in support of your claim. Claims for compensation can only be advanced once criminal proceedings are completed. Generally, the offender needs to be found guilty for a claim to be accepted. However there are circumstances where claims can be accepted where the offender remains unknown.

According to the Victims of Crime Act 2001 a victim has three years from the date of the offence to commence a claim. However, if you are looking to commence a claim beyond this period please give our office a call as we will still may be able to assist.

Victims of a crime have the right to obtain some information surrounding the offending. To learn more about your rights visit the Commissioner for Victims Rights page.

At no point in time are you required to attend a court hearing throughout this process.

At no point in this process are you required to communicate with the offender.

No, you are not required to have a face to face meeting. We have a number of different ways of commencing claims. If you wish to commence a claim without coming into the office, you can complete the online enquiry form, give our office a call or complete an email questionnaire. If you still wish to commence a claim via a face to face meeting that can be arranged.

Get in touch with us today to find out if you could be entitled to compensation

Fletchers Lawyers is the only law firm in South Australia devoted exclusively to the provision of representation in victims of crime compensation claims.