Compensation for Victims of Crime

Compensation for Victims of Crime

In Australia, all states and territories have approved counselling schemes and statutory compensation schemes that aim to provide support and rehabilitation for victims of crimes of violence.

1. Eligibility

   Section 6 of the Victims Support and Rehabilitation Act (NSW) 1996 states that the following people are eligible for statutory compensation:

   • Primary victim of an act of violence – a person who was injured, or died as a direct result of:

     • a crime; or
     • trying to prevent someone from committing a crime; or
     • trying to help or rescue someone against whom that act is being committed or has just been committed; or
     • trying to arrest the offender.

   • Secondary victim of am act of violence – a person who sustains an injury as a direct result of witnessing a crime against the primary person. In some states, a secondary victim extends to a person who sustains an injury as a direct result of subsequently becoming aware of the act of violence that resulted in the injury to or death of the primary victim if:

     • The person is a parent or guardian of the primary victim;
     • The primary victim was under 18 years of age at the time of the act; and
     • The person did not commit the act.

     In other words, even though they did not witness their child's death, a parent or guardian of a child may be considered to be a secondary victim and are taken to have witnessed the act of violence.

   • Family victim of an act of violence – a member of the immediate family of a primary victim who has died as a direct result of a crime. A member of the immediate family of a primary victim includes: the victim's spouse; victim's de facto partner who has cohabitated with the victim for at least 2 years; a parent, guardian or step-parent of the victim, a child or step-child of the victim or some other child of whom the victim is the guardian; or a sibling, half-sibling or step-sibling.

2. Claiming Compensation

   In NSW, an application for statutory compensation must be lodged within 2 years after the relevant act of violence occurred, or in the case of a family victim, within 2 years after the death of the primary victim. Victims of domestic and family violence have 10 years in which to lodge a claim for a restitution payment.

   Compensation may be available for pain and suffering, loss of enjoyment of life, loss of income, medical expenses, and other incidental expenses. In case of death, a close relative may be eligible for funeral expenses and compensation for the loss of financial support.

   Claiming victim's compensation can be a difficult and extremely complicated process. Sydney Lawyers and Associates Pty Ltd can provide you with advice in respect of the process and possible outcomes.