Victims Compensation- an overview 19 September 2012 Kingsford Legal Centre

Disclaimer All care has been taken to present the information in these materials, however, this information is only intended as a guide to the law and should not be used as a substitute for legal advice. If you have any further questions about an individual case, we strongly suggest you seek legal advice. This information applies to people who live in, or are affected by, the law as it applies in the State of New South Wales, Australia. No responsibility is taken for any loss suffered as a result of the information presented. The Information contained in this publication is current as of 19 September 2012.

Overview What is an injury? What is an “act of violence”? How much is paid? Qualification Time limits Previous injuries Timing of claim Proof of injury Effect of injury on the victim Proof of crime Supporting material

Qualification: “Acts of violence” Consequences of a finding that acts are “related” An act or series of “related acts” Offence in NSW Offence must involve violent conduct against one or more people During the commission of an offence Injury may be physical or psychological/ psychiatric Compensable injuries are set out in the “Schedule of Injuries” Resulting in a “compensable injury”

Who is a victim? A person injured by an act of violence Primary victim A person who witnessed an act of violence OR A parent or guardian of a victim under 18 at the time of the act, who became aware of the act Secondary victim A close relative of a homicide victim Family victim

Exceptions  Motor vehicle accidents  Workers compensation  Victim serving a prison sentence at the time of the injury- exceptions apply!  Victim injured while committing a crime  Injury occurred prior to a successful victims compensation claim- exceptions apply!  Injury doesn’t meet threshold amount

Compensable injuries Maximum award = $50,000 Minimum threshold = $7,500

Apportionment Apportioned shares in anything left over from the $50,000, after an award has been made to the primary victim Secondary victims Apportioned shares in the maximum $50,000 compensation Family victims

Multiple injuries For the most serious injury 100% For the second most serious injury 10% For the third most serious injury 5%

Psychological or psychiatric injury Chronic disorder, moderately disabling Must see an Authorised Report Writer Only available in cases of armed robbery, kidnapping, abduction Category1($7,500- $15,000) Chronic disorder, severely disabling Must see an Authorised Report Writer Category 2 ($30,000- $50,000)

Domestic Violence Domestic Violence Offence Injury DV award ($7,500 - $10,000)

Discretion to refuse/reduce compensation Did not report to police within a reasonable time Did not co-operate with the police in the prosecution process Did not report to a healthcare/professional agency within a reasonable time Was involved in contributory behaviour Did not try to mitigate or reduce the extent of the injury

Sexual Assault Offences Indecent assault Need to show an injury $7,500- $10,000 Category 1 Unlawful sexual intercourse OR serious bodily injury, in attempt to have unlawful sexual intercourse Need to show an injury $10,000- $25,000 Category 2 Pattern of abuse OR serious bodily injury and sexual intercourse Need to show an injury $25,000 -$50,000 Category 3

Timing Within two years of the act of violence Time Limit Leave to claim out of time if there’s a “good reason” Presumption to grant leave if domestic violence, child abuse, sexual assault Exceptions Prohibition on lodging a claim for a previous injury, if victim has already received victims compensation “exceptional circumstances” Previous claims

Supporting documents Police statements Court transcripts Statements from claimant/ witnesses/ professionals Proof of criminal offence /act of violence Hospital/medical records Photos Statements Counsellor/ social worker/ other reports Proof of injury Counsellor/ social worker/other reports Statements Submissions Effect of injury on the victim

Tribunal Process Apply Online or by completing paper application form, with supporting material Assessment The Tribunal advises when the matter is listed for assessment. Can provide submissions or further evidence at this stage Assessment is done on the papers Current waiting times for an assessment 25 months Decision Award is made- victim fills in “application for payment” Paid by cheque or EFT Appeals- 3 month time limit to Tribunal. Further appeal rights to District Court

Restitution Tribunal makes restitution order Offender is convicted Victim receives compensation

Restitution- process Provisional Order Within two years of compensation order or conviction Director makes Provisional Order Agree/negotiate/object- within 28 days Victims Compensation Tribunal Tribunal confirms order without a hearing, if no response; OR Tribunal holds hearing Relevant considerations Financial means Other “relevant matters”