Criminal Law FAQs
May 2012
What are the types of compensation that may be available for victims of crime?As a general rule, victim compensation claims can only be made in respect of crimes involving violence. Some jurisdictions consider sexual crimes and domestic violence to fall within this definition, but the rules will vary based on where the crime occurred in Australia. Australia's victim compensation laws distinguish between three classes of people: The Primary Victim – This is a person who was injured or died as a direct result of the crime. They may also be a person who suffered these injuries because they were attempting to stop the commission of an offence, rescue a victim or arrest the offender. The Secondary Victim(s) – These victims are a much wider group of people. They include people who were injured because they witnessed the crime being committed against the primary victim. In addition, some victim compensation laws cover close relatives of the primary victim who were not at the scene of the crime, but became aware of the violent crime. The Family Victim(s) – This final group includes family members of the primary victim. The term “family” is defined broadly, including a spouse, de-facto partner, parent, child or sibling. Owing to the wide number potential claimants in this class, victim compensation laws will often provide a limit on the total compensation payable for an offence and may allocate priorities between different family members. There are also a number of key exclusions from claiming victim compensation. These include victims who could also claim through other entitlement schemes (such as Medicare or workers compensation) or victims involved in traffic accidents.
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