{"id":"victims-of-crime-act-2001","name":"Victims of Crime Act 2001","slug":"victims-of-crime-act-2001","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110686,"registerId":"sa-victims-of-crime-act-2001-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Victims of Crime Act 2001","content":"South Australia\nVictims of Crime Act 2001\nAn Act to lay down principles to govern the treatment of victims of crime in the criminal justice system; to provide limited rights to statutory compensation for injury suffered as a result of the commission of criminal offences; to repeal the Criminal Injuries Compensation Act 1978; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tObjects\n4\tInterpretation\nPart 2—Treatment of victims of crime\nDivision 1—Explanatory provisions\n5\tReasons for declaration and its effect\nDivision 2—Declaration of principles governing treatment of victims\n6\tFair and dignified treatment\n7\tRight to have perceived need for protection taken into account in bail proceedings\n8\tRight to information\n9\tVictim to be advised on role as witness\n9A\tVictim of serious offence entitled to be consulted in relation to certain decisions\n9B\tVictim's entitlement to be present in court\n9C\tVictim to be informed about right to have impact of offence considered by sentencing court\n10\tVictim entitled to have impact of offence considered by sentencing court and to make submissions on parole\n10A\tVictim may request consideration of appeal\n11\tVictim to be informed about access to health and welfare services\n12\tRights in relation to compensation and restitution\n13\tReturn of property\n14\tProtection of privacy\nPart 3—Victims of Crime Advisory Committee and Commissioner for Victims' Rights\nDivision 1—Victims of Crime Advisory Committee\n15\tPower to establish advisory committee\nDivision 2—Commissioner for Victims' Rights\n16\tCommissioner for Victims' Rights\n16A\tPowers of the Commissioner\n16B\tAppointment of acting Commissioner\n16C\tStaff\n16D\tDelegation\n16E\tIndependence of Commissioner\n16F\tAnnual report\nPart 4—Compensation\n17\tEligibility to make claim\n18\tApplication for compensation\n19\tJoinder of offender as party to court proceedings\n20\tOrders for compensation\n21\tMedical examination of claimant\n22\tEvidence and proof\n23\tJoint offences\n24\tAppeals\n25\tLegal costs and disbursements\n26\tRepresentation of Crown in proceedings\nPart 5—Payment of compensation\n27\tPayment of compensation etc by Attorney-General\n28\tRight of Attorney-General to recover money paid out from offender etc\n29\tRecovery from claimant\nPart 6—Victims of Crime Fund\n30\tVictims of Crime Fund\n31\tPayments from Fund\n32\tImposition of levy\nPart 7—Miscellaneous\n32A\tVictim may exercise rights through an appropriate representative\n33\tInteraction between this Act and other laws\n34\tDate as at which compensation is to be assessed\n34A\tDisclosure of information\n35\tDelegation\n36\tAnnual report\n37\tRegulations\nSchedule a1—Compensation amounts for non‑financial loss (section 20(3)(a))\nSchedule 1—Repeal and transitional provisions\n1\tRepeal of Criminal Injuries Compensation Act 1978\n2\tTransitional provision\n3\tOperation of certain amendments\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Victims of Crime Act 2001.\n3—Objects\nThe objects of this Act are—\n\t(a)\tto give statutory recognition to victims of crime and the harm that they suffer from criminal offending; and\n\t(b)\tto establish principles governing how victims of crime are to be treated by public agencies and officials; and\n\t(c)\tto help victims of crime recover from the effects of criminal offending and to advance their welfare in other ways; and\n\t(d)\tto provide a limited statutory scheme of compensation to victims most directly affected by criminal offending as an acknowledgement of the harm that they suffer from criminal offending.\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nchild—a reference to a child is not limited to biological and adopted children—it extends to a person in relation to whom another (who is not a biological parent) stands in the position, and undertakes the responsibilities, of a parent; but a reference to a child does not, in the absence of an indication to the contrary, extend to an adult child;\nclaimant means a person by whom, or on whose behalf, an application for statutory compensation is made;\nCommissioner means the Commissioner for Victims' Rights appointed under Part 3 Division 2;\nconviction includes a formal finding of guilt and to convict has a corresponding meaning;\ncourt means the District Court;\nCPI means the Consumer Price Index (All groups index for Adelaide) published by the Australian Bureau of Statistics;\ncustody includes—\n\t(a)\thome detention; and\n\t(b)\tdetention in a training centre within the meaning of the Young Offenders Act 1993; and\n\t(c)\tdetention as a result of being declared liable to supervision under Part 8A of the Criminal Law Consolidation Act 1935;\ndependants, in relation to a victim, means any spouse, domestic partner, parents or children (including adult children) of the victim who are financially dependent on the victim;\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nharm means injury, damage or loss;\nhomicide means murder, manslaughter or an offence against section 14 of the Criminal Law Consolidation Act 1935 (criminal neglect) where the victim dies;\nimmediate family of a person means any one or more of the following:\n\t(a)\ta spouse or domestic partner;\n\t(b)\ta parent;\n\t(c)\ta grandparent;\n\t(d)\ta child (including an adult child);\n\t(e)\ta grandchild (including an adult grandchild);\n\t(f)\ta brother or sister;\nimmediate victim, in relation to an offence, means a victim of any of the following classes:\n\t(a)\ta person who suffers physical injury as a result of the commission of the offence;\n\t(b)\ta person who suffers psychological injury as a result of being directly involved in the circumstances of the offence or in operations in the immediate aftermath of the offence to deal with its consequences;\n\t(c)\tif the offence was committed against a child—a parent or guardian of the child;\n\t(d)\tif the offence was committed against a person who dies as a result of the offence—a member of the immediate family of the deceased;\ninjury means physical or mental injury, and includes pregnancy, mental shock and nervous shock;\nnon-financial loss means—\n\t(a)\tpain and suffering;\n\t(b)\tloss of amenities of life;\n\t(c)\tloss of expectation of life;\n\t(d)\tdisfigurement;\noffence includes conduct on the part of a person that would constitute an offence if it were not for that person's age or mental impairment;\noffender, in relation to an offence, means—\n\t(a)\tthe person who committed the offence; or\n\t(b)\tin the case of conduct that would constitute an offence if it were not for the person's age or mental impairment—the person who engaged in that conduct;\nparent includes a person who stands in the position, and undertakes the responsibilities, of a parent;\nserious offence means an indictable offence—\n\t(a)\tthat resulted in the death of, or physical harm to, a victim; or\n\t(b)\tthat is a sexual offence within the meaning of the Evidence Act 1929,\nand includes an offence of aiding, abetting, counselling or procuring the commission of such an offence, conspiring to commit such an offence or being an accessory after the fact to such an offence;\nspouse—a person is the spouse of another if they are legally married;\nstatutory compensation means compensation under this Act;\nvictim, in relation to an offence, means a person who suffers harm as a result of the commission of the offence (but does not include a person who was a party to the commission of the offence).\n\t(2)\tIn this Act, if a monetary amount is followed by the word (indexed), the amount is (on or after 1 January 2016) to be adjusted on 1 January of each year by multiplying the stated amount by a proportion obtained by dividing the CPI for the September quarter of the immediately preceding year by the CPI for the September quarter, 2014, on the basis that the quotient used for the purposes of the adjustment will be calculated to 2 decimal places and that the amount obtained from the adjustment will be rounded to the nearest dollar.\nPart 2—Treatment of victims of crime\nDivision 1—Explanatory provisions\n5—Reasons for declaration and its effect\n\t(1)\tIn this Part, Parliament seeks to declare the principles that should govern the way victims are dealt with by public agencies and officials.\n\t(2)\tThe need for the declaration arises out of national and international concern about the position of victims of crime.\n\t(3)\tThe principles—\n\t(a)\tare not enforceable in criminal or civil proceedings; and\n\t(b)\tdo not give rise to any right to damages for breach; and\n\t(c)\tdo not affect the conduct of criminal proceedings.\n\t(4)\tHowever, public agencies and officials are authorised and required to have regard, and to give effect, to the principles so far as it is practicable to do so having regard to the other obligations binding on them.\nDivision 2—Declaration of principles governing treatment of victims\n6—Fair and dignified treatment\nA victim should be treated—\n\t(a)\twith courtesy, respect and sympathy; and\n\t(b)\twith due regard to any special need that arises—\n\t(i)\tbecause of the victim's—\n\t•\tage; or\n\t•\tsex; or\n\t•\trace or ethnicity; or\n\t•\tcultural or linguistic background; or\n\t•\tphysical or intellectual ability; or\n\t(ii)\tfor any other reason.\n7—Right to have perceived need for protection taken into account in bail proceedings\nIf a police officer or a person representing the Crown in bail proceedings is made aware that the victim feels a need for protection from the alleged offender—\n\t(a)\tthe police officer or other person must ensure that the perceived need for protection is brought to the attention of the bail authority1; and\n\t(b)\treasonable efforts must be made to notify the victim of the outcome of the bail proceedings and, in particular, any condition imposed to protect the victim from the alleged offender (unless the victim indicates that he or she does not wish to be so informed).\nNote—\n1\tSee also section 10(4) of the Bail Act 1985 which requires that where there is a victim of an offence, the bail authority must, in determining whether an applicant for bail should be released on bail, give primary consideration to the need that the victim may have, or perceive, for physical protection from the applicant.\n8—Right to information\n\t(1)\tA victim should be informed, on request, about the following:\n\t(a)\tthe progress of investigations into the offence;\n\t(b)\tthe charge laid and details of the place and date of proceedings on the charge;\n\t(c)\tif a person has been charged with the offence—the name of the alleged offender1;\n\t(d)\tif an application for bail is made by the alleged offender—the outcome of the application;\n\t(e)\tif the prosecutor decides not to proceed with the charge, to amend the charge, or to accept a plea to a lesser charge or agrees with the defendant to make or support a recommendation for leniency—the reasons for the prosecutor's decision;\n\t(f)\tthe outcome of the proceedings based on the charge and of any appeal from those proceedings;\n\t(g)\tdetails of any sentence imposed on the offender for the offence;\n\t(ga)\tdetails of any order made by a court on declaring the offender to be liable to supervision under Part 8A of the Criminal Law Consolidation Act 1935;\n\t(h)\tif the offender is sentenced to imprisonment and later makes an application for release on parole—the outcome of the proceedings and, in particular, any condition imposed to protect the victim from the offender;\n\t(i)\tif the offender is subject to a supervision order under Part 8A of the Criminal Law Consolidation Act 1935 and the offender, or any other person, later makes an application for variation or revocation of the order or an application for review of the supervision order is made—the outcome of the proceedings and, in particular, if the offender is released on licence, any conditions imposed on the licence.\n\t(2)\tA victim should be informed, on request, about the following:\n\t(a)\tif the alleged offender absconds before trial—the fact that he or she has absconded;\n\t(b)\tif the offender escapes from custody—the fact that he or she has escaped;\n\t(c)\tif the offender, having escaped from custody, is returned to custody—the fact that he or she has been returned to custody;\n\t(d)\tif the release of the offender into the community is imminent—details of when the offender is to be released;\n\t(e)\tif the offender was ordered to undertake community service—whether the offender completed the community service;\n\t(f)\tif the offender was subject to a bond—whether the conditions of the bond were complied with.\n\t(3)\tHowever, a victim is not entitled to information that might jeopardise the investigation of an offence.\n\t(4)\tA victim should be informed, on request, about procedures that may be available to deal with a grievance the victim may have for non-recognition or inadequate recognition of the victim's rights under this Part.\nNote—\n1\tSection 64 of the Young Offenders Act 1993 provides a mechanism for exercising this right in relation to a young offender.\n9—Victim to be advised on role as witness\n\t(1)\tA victim who is to be a witness for the prosecution at the trial of the offence should be informed by the prosecution about the trial process and the victim's rights and responsibilities as a witness for the prosecution.\n\t(2)\tThe information should be given (if practicable) so as to allow the victim sufficient time to obtain independent advice, and arrange independent support, in relation to the exercise of those rights or the discharge of those responsibilities.\n9A—Victim of serious offence entitled to be consulted in relation to certain decisions\nA victim of a serious offence should be consulted before any decision is made—\n\t(a)\tto charge the alleged offender with a particular offence; or\n\t(b)\tto amend a charge; or\n\t(c)\tto not proceed with a charge; or\n\t(d)\tto apply under Part 8A of the Criminal Law Consolidation Act 1935 for an investigation into the alleged offender's mental competence to commit an offence or mental fitness to stand trial.\n9B—Victim's entitlement to be present in court\nA victim of an offence is entitled to be present in the courtroom during proceedings for the offence unless the court, in accordance with some other Act or law, orders otherwise1.\nNote—\n1\tSee also section 29A of the Evidence Act 1929 (which requires that, where a victim of an offence is a witness in the proceedings, the court can only order the victim to leave the courtroom until required to give evidence if the court considers it appropriate to do so) and section 24 of the Youth Court Act 1993 (which allows a victim and a person chosen by the victim to provide support for the victim to be present during Youth Court proceedings for the relevant offence).\n9C—Victim to be informed about right to have impact of offence considered by sentencing court\nA victim should be informed about—\n\t(a)\ttheir entitlement to have the matters referred to in section 10(1) considered by the sentencing court; and\n\t(b)\tthe manner in which the court may use the material provided in the course of the victim exercising that entitlement, including the circumstances in which certain material may be disregarded by the court or not be read aloud to the court.\n10—Victim entitled to have impact of offence considered by sentencing court and to make submissions on parole\n\t(1)\tA victim is entitled to have any injury, loss or damage suffered as a result of the offence considered by the sentencing court before it passes sentence1.\n\t(2)\tA victim of an offence is entitled to make written submissions to the Parole Board on questions affecting the parole of a person imprisoned for the offence.2\nNotes—\n1\tThe Sentencing Act 2017 provides a mechanism for exercising this right. See also that, under that Act, the prosecutor is obliged to place before the sentencing court details of injury, loss or damage resulting from the offence.\n2\tSee section 77(2)(ba) of the Correctional Services Act 1982.\n10A—Victim may request consideration of appeal\n\t(1)\tA victim who is dissatisfied with a determination made in relation to the relevant criminal proceedings (being a determination against which the prosecution is entitled to appeal) may request the prosecution to consider an appeal against the determination.\n\t(2)\tA request under this section must be made within 10 days after the making of the determination.\n\t(3)\tThe prosecution must give due consideration to a request made under this section.\n11—Victim to be informed about access to health and welfare services\nA victim should be informed about health and welfare services that may be available to alleviate the consequences of injury suffered as a result of the offence.\n12—Rights in relation to compensation and restitution\n\t(1)\tA victim should have access to information about how to obtain compensation or restitution for harm suffered as a result of the offence.\n\t(2)\tIf the prosecutor is empowered to make an application for restitution or compensation on behalf of a victim in criminal proceedings—\n\t(a)\tthe prosecutor should bring that fact to the attention of the victim; and\n\t(b)\tshould, if asked to do so by the victim—\n\t(i)\tmake the application on the victim's behalf; and\n\t(ii)\tbring to the attention of the court any relevant information provided by the victim in connection with the application.\n13—Return of property\nIf a victim's property is taken for investigation or for use as evidence, the property should, if practicable, be returned to the victim as soon as it appears that it is no longer required for the purposes for which it was taken.\n14—Protection of privacy\n\t(1)\tThere should be no unnecessary intrusion on a victim's privacy.\n\t(2)\tIn particular, a victim's residential address should not be disclosed unless it is material to the prosecution or defence.\n\t(3)\tA victim should be protected as far as practicable from unnecessary contact with the alleged offender and defence witnesses during the course of the trial and in proceedings under this Act1.\n\t(4)\tA victim should only be asked to attend proceedings related to the offence if the victim's attendance is genuinely necessary.\nNote—\n1\tSee the Evidence Act 1929 which contains special provisions for the protection of a person who is a vulnerable witness within the meaning of that section.\nPart 3—Victims of Crime Advisory Committee and Commissioner for Victims' Rights\nDivision 1—Victims of Crime Advisory Committee\n15—Power to establish advisory committee\n\t(1)\tThe Attorney-General may establish an advisory committee to advise on—\n\t(a)\tpractical initiatives that the Government might take—\n\t(i)\tto ensure that victims of crime are treated with proper consideration and respect in the criminal justice system; and\n\t(ii)\tto help victims of crime to recover from harm suffered by them; and\n\t(iii)\tto advance the interests of victims of crime in other ways; and\n\t(b)\tany other matter referred to the advisory committee by the Attorney-General for advice.\n\t(2)\tA member of the advisory committee will be appointed and hold office for a term and on conditions determined by the Attorney-General.\nDivision 2—Commissioner for Victims' Rights\n16—Commissioner for Victims' Rights\n\t(1)\tThe Governor may appoint a suitable person to be the Commissioner for Victims' Rights.\n\t(2)\tThe person appointed as the Commissioner must not be a member of the Public Service.\n\t(3)\tThe Commissioner has the following functions:\n\t(a)\tto marshal available government resources so they can be applied for the benefit of victims in the most efficient and effective way;\n\t(b)\tto assist victims in their dealings with prosecution authorities and other government agencies;\n\t(c)\tto monitor and review the effect of the law and of court practices and procedures on victims;\n\t(d)\tto carry out other functions related to the objects of this Act assigned by the Attorney‑General;\n\t(e)\tif another Act authorises or requires the Commissioner to make submissions in any proceedings—to make such submissions (either personally or through counsel);\n\t(f)\tto carry out any other functions assigned under other Acts.\n\t(4)\tThe Commissioner is a member ex officio of the advisory committee.\n\t(5)\tThe Commissioner is to be appointed on conditions determined by the Governor and for a term, not exceeding 5 years, specified in the instrument of appointment.\n\t(6)\tAt the expiration of a term of office, the Commissioner will be eligible for re‑appointment.\n\t(7)\tThe Governor may terminate the Commissioner's appointment if the Commissioner—\n\t(a)\tis guilty of misbehaviour; or\n\t(b)\tbecomes physically or mentally incapable of carrying out official duties satisfactorily; or\n\t(c)\tbecomes bankrupt or applies to take the benefit of a law for the relief of bankrupt or insolvent debtors; or\n\t(d)\tis absent, without leave of the Attorney‑General, for 14 consecutive days, or for 28 days in any period of 12 months.\n\t(8)\tExcept as provided in subsection (7), the Commissioner's appointment cannot be terminated.\n16A—Powers of the Commissioner\n\t(1)\tA public agency or official must, if requested to do so by the Commissioner, consult with the Commissioner regarding steps that may be taken by the agency or official to further the interests of—\n\t(a)\tvictims in general; or\n\t(b)\ta particular victim or class of victim.\n\t(2)\tIf, after consultation with a public agency or official, the Commissioner is satisfied that the public agency or official—\n\t(a)\thas failed to comply with the requirements of Part 2 in circumstances where such compliance would have been practicable; and\n\t(b)\thas not apologised or otherwise dealt with the victim in relation to the failure in a satisfactory way,\nthe Commissioner may, by notice in writing to the public agency or official, recommend that the agency or official issue a written apology to the relevant victim.\n\t(3)\tThe Commissioner must provide the relevant victim with a copy of the notice given under subsection (2).\n\t(4)\tThe Commissioner must, in his or her report under section 16F, specify the number of notices given by the Commissioner under subsection (2), and the public agencies or officials to whom the notices were given, during the year to which the report relates.\n\t(5)\tThe Commissioner must, in exercising his or her powers in relation to a particular victim, have regard to the wishes of that victim.\n16B—Appointment of acting Commissioner\n\t(1)\tIf the Commissioner is temporarily absent, or the Commissioner's position is temporarily vacant, the Attorney‑General may assign a suitable person to act in the Commissioner's position during the temporary absence or vacancy.\n\t(2)\tA person who is a member of the Public Service is eligible to act in the Commissioner's position.\n\t(3)\tThe terms on which a person is assigned to act in the Commissioner's position will be as determined by the Attorney‑General.\n\t(4)\tA person appointed to act in the Commissioner's position has, while so acting, all the functions and powers of the Commissioner.\n16C—Staff\n\t(1)\tThe Commissioner will have such staff as is necessary for the effective performance of his or her functions.\n\t(2)\tThe Commissioner's staff will consist of Public Service employees.\n16D—Delegation\n\t(1)\tThe Commissioner may delegate to a body or person (including a person for the time being holding or acting in a specified office or position) a function or power of the Commissioner under this or any other Act.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the Commissioner to act in any matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n16E—Independence of Commissioner\n\t(1)\tSubject to this section, the Commissioner is entirely independent of direction or control by the Crown or any Minister or officer of the Crown.\n\t(2)\tThe Attorney‑General may, after consultation with the Commissioner, give directions and furnish guidelines to the Commissioner in relation to the carrying out of his or her functions.\n\t(3)\tDirections or guidelines under this section—\n\t(a)\tmust, as soon as practicable after they have been given, be published in the Gazette; and\n\t(b)\tmust, within 6 sitting days after they have been given, be laid before each House of Parliament.\n16F—Annual report\n\t(1)\tThe Commissioner must, on or before 30 September in each year, present a report to the Attorney‑General on the operations of the Commissioner during the previous financial year.\n\t(2)\tThe Attorney‑General must, within 12 sitting days after receipt of a report under this section, cause copies of the report to be laid before each House of Parliament.\nPart 4—Compensation\n17—Eligibility to make claim\n\t(1)\tA person is eligible to claim statutory compensation for injury caused by an offence if—\n\t(a)\tthe person is an immediate victim of the offence; and\n\t(b)\tat least one of the following conditions is satisfied:\n\t(i)\tthe offence involved the use of violence or a threat of violence against the person or a member of the person's immediate family;\n\t(ii)\tthe offence created a reasonable apprehension of imminent harm to the person or a member of the person's immediate family;\n\t(iii)\tthe offence is a sexual offence;\n\t(iv)\tthe offence caused death or physical injury.\n\t(2)\tA person is eligible to claim statutory compensation for grief suffered in consequence of the commission of a homicide if the person is—\n\t(a)\ta spouse or domestic partner of the deceased victim; or\n\t(ab)\ta child of the deceased victim (if the child was under the age of 18 at the time of the offence); or\n\t(b)\twhere the deceased victim was a child—a parent of the deceased victim.\n\t(3)\tA person is eligible to claim statutory compensation for financial loss suffered by the dependants of a deceased victim if—\n\t(a)\tthe victim died as a result of the injury caused by the offence; and\n\t(b)\tno previous order for statutory compensation has been made in respect of the injury; and\n\t(c)\tthe person is, in the opinion of the court, a suitable person to represent the interests of the dependants.\n\t(4)\tA person is eligible to claim statutory compensation for funeral expenses if—\n\t(a)\ta victim dies in consequence of the offence; and\n\t(b)\tthe person has paid, or is responsible for payment of, the victim's funeral expenses.\n\t(5)\tHowever—\n\t(a)\ta person is not entitled to statutory compensation if the injury arises from a breach of statutory duty by the person's employer that occurs in the course of the person's employment; and\n\t(b)\ta person is not entitled to statutory compensation if the person has received, or is entitled to receive, a payment or damages in respect of death or non‑economic loss for the same harm under the Return to Work Act 2014; and\n\t(c)\ta person is not entitled to statutory compensation if the injury is caused by, or arises out of the use of, a motor vehicle in circumstances in which the injury falls within the ambit of a compulsory third-party insurance scheme covering the motor vehicle (whether the vehicle is in fact insured under the scheme or an action for damages lies against a nominal defendant); and\n\t(d)\ta person is not entitled to statutory compensation for hospital or medical expenses that would, if no award for compensation were made, be recoverable from a health fund or scheme; and\n\t(e)\ta prisoner is not entitled to statutory compensation for psychological injury resulting from an offence committed in the prison unless the prisoner was assaulted or suffered physical injury.\n\t(6)\tIf—\n\t(a)\ta payment or damages under the Return to Work Act 2014; and\n\t(b)\tstatutory compensation,\nare paid for the same harm, the payment of statutory compensation does not give rise to a right to recovery under the Return to Work Act 2014.\nNote—\nNote that this provision will only apply in the comparatively rare cases where the entitlement under the Return to Work Act 2014 does not operate to the exclusion of a right to statutory compensation under subsection (5)(b) above.\n18—Application for compensation\n\t(1)\tA person who is eligible to claim statutory compensation may, within the initial application period, apply for statutory compensation.\n\t(2)\tThe initial application period is—\n\t(a)\tfor an application by a victim—5 years after the commission of the offence;\n\t(b)\tfor an application arising from the death of a victim—5 years after the date of death.\n\t(3)\tAn application is to be made in the first instance to the Crown Solicitor.\n\t(4)\tThe following requirements apply to and in relation to the application:\n\t(a)\tthe application must—\n\t(i)\tcontain the information required by the regulations; and\n\t(ii)\tbe accompanied by any medical reports relevant to the injury in the possession of, or accessible to, the claimant; and\n\t(iii)\tbe accompanied by any further documents required under the regulations; and\n\t(b)\tthe information contained in an application must be verified by statutory declaration.\n\t(4a)\tIf—\n\t(a)\tthe claimant is a child or other person who is not of full legal capacity; and\n\t(b)\tthe Crown Solicitor and the person acting on behalf of the claimant propose to settle the claim for statutory compensation by agreement; and\n\t(c)\tan application is made to a court for an order or orders in respect of that agreement,\nthe offender must not be joined as a party to the proceedings before the court on that application.\n\t(5)\tIf a claim for statutory compensation has not been settled by agreement between the Crown Solicitor and the claimant within 3 months after the application is made or a longer period agreed between the Crown Solicitor and the claimant (the period for negotiation), the claimant may apply to the court for an order for statutory compensation.\n\t(6)\tAn application to the court under subsection (5) must be made on or before the later of the following:\n\t(a)\tthe end of the initial application period; or\n\t(b)\tthe end of the period of 6 months that follows immediately after the end of the period for negotiation.\n\t(7)\tThe court may, for any proper reason, extend a period of limitation fixed by this section.\n19—Joinder of offender as party to court proceedings\n\t(1)\tIf an application for statutory compensation is made to the court, the offender is (subject to this section) to be a party to the proceedings before the court.\n\t(2)\tA claimant who makes an application to the court must (subject to this section) serve a copy of the application on the offender.\n\t(3)\tThe above requirements are subject to the following qualifications:\n\t(a)\tif the identity of the offender is not known, there is no need to serve a copy of the application on the offender and the offender does not, in that case, become a party to the proceedings;\n\t(b)\tthe court may, on application by a claimant, exempt the claimant from the obligation to serve a copy of the application on the offender and, if such an exemption is granted, the offender is not a party to the proceedings.\n20—Orders for compensation\n\t(1)\tSubject to this Act, on an application for statutory compensation, the court may order—\n\t(a)\tthat the victim be paid by the Crown such amount as the court thinks fit by way of compensation for the injury arising from the offence; or\n\t(b)\tthat the dependants of a dead victim be paid by the Crown such amount as the court thinks fit by way of compensation for the financial loss suffered by them (to be proportioned between the various claimants as the court thinks fit); or\n\t(c)\tin the case of an application for compensation for grief—that a claimant be paid by the Crown such amount (not exceeding $20 000 (indexed)) as the Court thinks fit by way of compensation for the grief suffered by the claimant; or\n\t(d)\tin the case of an application for compensation for funeral expenses—that the claimant be paid—\n\t(i)\tthe amount of funeral expenses incurred by the claimant; or\n\t(ii)\t$14 000 (indexed),\nwhichever is the lesser.\n\t(2)\tIf the Crown consents to the making of an order for statutory compensation, the court may, without further inquiry, make an order on terms agreed by the claimant and the Crown but—\n\t(a)\tthe settlement does not bind the offender in any way unless the offender was a party to the settlement agreement; and\n\t(b)\tthe settlement does not limit rights that the claimant may have independently of this Act against the offender (whether or not the offender is a party to the settlement).\n\t(3)\tIn awarding statutory compensation, the court must observe the following rules:\n\t(a)\tin the case of an award under subsection (1)(a) or (b)—\n\t(i)\tif financial loss is to be compensated and the amount that would, but for this subparagraph, be awarded exceeds $2 000, the amount awarded will, subject to subparagraph (iii), be $2 000 plus three-quarters of the excess; and\n\t(ii)\tif a claim for non-financial loss is made—\n\t•\tthe total non-financial loss must be assigned a numerical value on a scale running from 0 to 60 (the greater the severity of the non-financial loss, the greater the number); and\n\t•\tif the numerical value so assigned is 2 or less, no award will be made for non-financial loss but, if the numerical value exceeds 2, the amount awarded will be the amount determined in accordance with Schedule a1 as corresponding to the number so assigned; and\n\t(iii)\tin any case—where an amount arrived at to compensate financial loss, or the aggregate of amounts arrived at to compensate financial loss and non-financial loss, would, but for this subparagraph, exceed $100 000 (indexed), the amount awarded will be $100 000 (indexed);\n\t(c)\tsubject to the following qualifications, statutory compensation amounting in aggregate to more than $100 000 (indexed) cannot be awarded to any single claimant.\nQualifications—\n1\tIf the claimant claims both as a dependant or representative of the dependants of a deceased victim and in some other capacity, the limitation applies separately to each capacity in which the claimant claims.\n2\tAn amount to which an applicant is entitled by way of funeral expenses will not be brought into account in determining whether the limitation has been exceeded.\n\t(4)\tIn determining an application for, and the quantum of, statutory compensation, the court must have regard to—\n\t(a)\tany conduct on the part of the victim (whether or not forming part of the circumstances immediately surrounding the offence or injury) that contributed, directly or indirectly, to the commission of the offence, or to the injury to the victim; and\n\t(b)\tsuch other circumstances as it considers relevant.\n\t(5)\tThe court must not make an order for compensation in respect of injury to a claimant caused by an offence if the court—\n\t(a)\tis satisfied beyond reasonable doubt that the injury to the claimant occurred while the claimant was engaged in conduct constituting an indictable offence; and\n\t(b)\tis satisfied on the balance of probabilities that the claimant's conduct contributed materially to the risk of injury to the claimant,\n(unless the court is satisfied that, in the circumstances of the particular claim, failure to compensate would be unjust).\n\t(5a)\tThe court must not make an order for compensation for grief or funeral expenses in favour of a claimant if the court—\n\t(a)\tis satisfied beyond reasonable doubt that the victim's death occurred while the claimant was engaged in conduct constituting an indictable offence; and\n\t(b)\tis satisfied on the balance of probabilities that the claimant's conduct contributed materially to the death of the victim,\n(unless the court is satisfied that, in the circumstances of the particular claim, failure to compensate would be unjust).\n\t(6)\tFor the purposes of subsections (5)(a) and (5a)(a), a relevant conviction or acquittal is to be regarded as conclusive of the claimant's guilt or innocence of the indictable offence.\n\t(7)\tThe court must not make an order for compensation in favour of a claimant if it appears to the court that the claimant, without good reason—\n\t(a)\tfailed to report the offence to the police within a reasonable time after its commission; or\n\t(b)\trefused or failed to provide information to the police that was within the claimant's knowledge as to the offender's identity or whereabouts; or\n\t(c)\trefused or failed to give evidence in the prosecution of the offender; or\n\t(d)\totherwise refused or failed to co-operate properly in the investigation or prosecution of the offence,\nand, in consequence, investigation or prosecution of the offence was not commenced or was terminated or hindered to a significant extent.\n\t(8)\tIn deciding the amount of compensation to be awarded, the court must take into account—\n\t(a)\tany failure by the claimant to avail himself or herself of proper medical treatment or rehabilitative therapy; or\n\t(b)\tany other failure to take proper steps to mitigate his or her loss.\n\t(9)\tNo interest may be awarded by the court in respect of the whole or any part of the amount of statutory compensation ordered.\n\t(10)\tIf the court has made an order for compensation under this section—\n\t(a)\tit must, where the offender has been convicted, or adjudged or found guilty, of the offence, endorse on or annex to the order a statement of the offender's means (so far as they are ascertainable by the court); and\n\t(b)\tit must endorse on or annex to the order a statement of any payments that the claimant has received, or would, were the claimant to exhaust all other available remedies, be likely to receive, in respect of the injury or the death of the victim, apart from this Act.\n\t(11)\tThe court may make such orders for the costs of proceedings under this Act as the court thinks fit.\n21—Medical examination of claimant\n\t(1)\tA claimant must, if the Crown so requires, submit himself or herself for medical examination by a medical practitioner nominated by the Crown.\n\t(2)\tThe costs of the medical examination, and any expenses reasonably incurred by the claimant in complying with the request for the examination, must be borne by the Crown.\n\t(3)\tIf an offender is a party to proceedings under this Act, the court may, on application by the offender, order a claimant to submit himself or herself for medical examination by an appropriate medical practitioner (at the offender's expense).\n\t(4)\tThe court may order that the proceedings on an application for statutory compensation be stayed until a medical examination has been completed.\n\t(5)\tA party must, on receiving the report of the medical practitioner on the results of the examination, furnish the other parties with a copy of the report.\n22—Evidence and proof\n\t(1)\tSubject to this Act, any fact to be proved by a claimant in proceedings under this Act is sufficiently proved if it is proved on the balance of probabilities.\n\t(2)\tNo order for statutory compensation may be made (except by consent of the Crown) on an application unless—\n\t(a)\tthe commission of the offence to which the application relates—\n\t(i)\thas been admitted, or proved beyond reasonable doubt, in proceedings before a court; or\n\t(ii)\thas been admitted in statutory proceedings related to the offence or can be reasonably inferred from admissions made in any such proceedings; and\n\t(b)\tthe other facts on which the application is based have been proved on the balance of probabilities.\n\t(3)\tIf an order for compensation is sought in respect of an offence, and no person has been brought to trial charged with the offence, the evidence of the claimant as to the commission of the offence, unless supported in a material particular by corroborative evidence, is not sufficient to establish the commission of the offence.\n\t(4)\tIn proceedings under this Act, the court may receive in evidence a transcript of evidence in proceedings in any other court, and may draw any conclusions of fact that it considers proper.\n23—Joint offences\n\t(1)\tIf an application is made for statutory compensation in respect of injury suffered by a victim, financial loss suffered by a dependant, or grief suffered by a spouse, domestic partner or parent, in consequence of an offence committed by more than one offender, the court may make only one order for statutory compensation in respect of that injury, loss or grief.\n\t(2)\tIf an application is made for statutory compensation in respect of injury suffered by a victim, financial loss suffered by a dependant, or grief suffered by a spouse, domestic partner or parent—\n\t(a)\tin consequence of a series of offences committed consecutively by one offender, or a series of offences committed simultaneously or consecutively by offenders acting in concert; or\n\t(b)\tin circumstances in which those offences constitute a single incident,\nthe court may make only one order for statutory compensation in respect of the injury, loss or grief.\n24—Appeals\n\t(1)\tA party to proceedings under this Act may, subject to the rules of the Supreme Court, appeal to the Court of Appeal against any final order made by the court in those proceedings.\n\t(2)\tHowever, if an order for statutory compensation is made by consent of the Crown, the offender cannot appeal against that order1.\n\t(3)\tThe Court of Appeal may—\n\t(a)\tdismiss the appeal; or\n\t(b)\tquash the order and, if it thinks fit, substitute any other order that the court in the first instance could have made; or\n\t(c)\tvary the order in any respect; or\n\t(d)\tremit the subject matter of the appeal for rehearing,\nand may make such other ancillary orders (including, subject to this Act, orders relating to the costs of the appeal) as it thinks fit.\nNote—\n1\tNote that in these circumstances, the order does not necessarily bind the offender when the Crown applies for reimbursement—see section 28.\n25—Legal costs and disbursements\n\t(1)\tDespite any Act or law to the contrary—\n\t(a)\tcosts awarded in proceedings under this Act must not exceed the amounts prescribed by regulation in relation to such costs (plus GST) as at the time of commencement of the proceedings; and\n\t(b)\ta legal practitioner must neither charge nor seek to recover in respect of proceedings under this Act an amount by way of costs in excess of the amount prescribed by regulation in relation to such costs (plus GST) as at the time of commencement of the proceedings.\n\t(2)\tThe regulations may make provision in relation to the recovery of disbursements by a legal practitioner in relation to a claim for statutory compensation.\n\t(3)\tIn this section—\nGST means the tax payable under the GST law;\nGST law means—\n\t(a)\tA New Tax System (Goods and Services Tax) Act 1999 (Commonwealth); and\n\t(b)\tthe related legislation of the Commonwealth dealing with the imposition of a tax on the supply of goods, services and other things.\n26—Representation of Crown in proceedings\nThe Crown may be represented by any person nominated by the Attorney-General in preliminary or interlocutory proceedings under this Act or at a hearing for an order under this Act to be made by consent.\nPart 5—Payment of compensation\n27—Payment of compensation etc by Attorney-General\n\t(1)\tSubject to subsection (2), the Attorney-General must satisfy an order for statutory compensation (or for statutory compensation and costs) within 28 days of—\n\t(a)\tthe day on which a copy of the order is lodged by the claimant with the Attorney-General; or\n\t(b)\tif an appeal has been instituted against the order, the day on which the appeal is withdrawn or determined,\nwhichever is the later.\n\t(2)\tIf—\n\t(a)\tthe claimant has received or is entitled to payments apart from this Act in respect of the injury or loss (other payments); and\n\t(b)\tthe Attorney-General is satisfied that, in view of the other payments, it is just to exercise the powers conferred by this subsection,\nthe Attorney-General may decline to satisfy an order for statutory compensation (or for statutory compensation and costs), or may reduce the payment to be made to the extent it appears just to do so.\n\t(3)\tIn the exercise of the discretion conferred by subsection (2), the Attorney-General—\n\t(a)\tshould have regard to the extent to which the other payments represent an adequate compensation for the injury or loss; and\n\t(b)\tshould (in appropriate cases) have regard to the extent to which the other payments compensate (or would compensate) the claimant for pain, suffering and other non-economic loss; and\n\t(c)\tif the other payments do not, in the Attorney-General's opinion, represent an adequate compensation for pain, suffering and other non-economic loss, should not reduce the amount to be paid under this Act below the lesser of the following two amounts:\n\t(i)\tthe amount that represents the extent of the deficiency;\n\t(ii)\t$10 000 (indexed).\n\t(4)\tThe Attorney-General has an absolute discretion to make the following payments:\n\t(a)\tan interim payment of compensation (not exceeding the limits prescribed by this Act in relation to an order for compensation) to a claimant who, in the opinion of the Attorney-General, is in necessitous circumstances and is likely to be awarded statutory compensation; or\n\t(b)\tan ex gratia payment (not exceeding the limits prescribed by this Act in relation to an order for compensation) to a person in the following circumstances:\n\t(i)\tthe person suffers injury, financial loss or grief in consequence of conduct alleged to constitute an offence;\n\t(ii)\tthe alleged offender is acquitted of the offence;\n\t(iii)\tthe acquittal appears to the Attorney-General to have arisen—\n\t•\tin a case of rape—from lack of mens rea;\n\t•\tin any other case—from duress, drunkenness or automatism;\n\t(iv)\tthe person would, in the Attorney-General's opinion, probably have been awarded statutory compensation if the offence had been established; or\n\t(c)\tan ex gratia payment (not exceeding the limits prescribed by this Act in relation to an order for compensation) to the victim of conduct capable of constituting the objective elements of an offence if it appears to the Attorney-General that, because of lack of evidence, absence of capacity to incur criminal responsibility or other matters personal to the perpetrator, or for any other reason that does not reflect adversely on the victim, an offence has not been, or cannot be, established; or\n\t(d)\tan ex gratia payment (not exceeding the limits prescribed by this Act in relation to an order for compensation) to a person in the following circumstances:\n\t(i)\tthe person suffers injury, financial loss or grief in consequence of an offence committed outside this State;\n\t(ii)\tthe victim is at the time of the commission of the offence ordinarily resident in this State;\n\t(iii)\tsome person is convicted of the offence;\n\t(iv)\tif the law of the place where the offence is committed establishes a right to compensation—the claimant has taken reasonable steps to obtain compensation under that law but without success;\n\t(v)\tthe claimant would, in the Attorney-General's opinion, probably have been awarded statutory compensation if the offence had been committed in this State;\n\t(vi)\tthe claimant is, in the Attorney-General's opinion, in necessitous circumstances; or\n\t(e)\tsuch other ex gratia payments (not exceeding, in any particular case, the limits prescribed by this Act in relation to an order for compensation) as the Attorney-General considers necessary, and consistent with the objects and policy of this Act, to compensate harm resulting from criminal conduct or conduct of the kind described above.\n\t(5)\tA decision by the Attorney-General in the exercise of a discretion under this section cannot be challenged or called in question before any court.\n28—Right of Attorney-General to recover money paid out from offender etc\n\t(1)\tIf the Attorney-General makes a payment to a claimant, the Attorney-General is subrogated, to the extent of the payment, to the rights of—\n\t(a)\tthe claimant, as against the offender or any other person liable at law to compensate the claimant for the injury, financial loss or grief in respect of which the payment was made; and\n\t(b)\tthe offender, as against any insurer or other person from whom the offender is entitled to indemnity or contribution in respect of liability arising from the injury or death in respect of which the payment was made.\n\t(2)\tThe Attorney-General may—\n\t(a)\tbring a claim against an insurer or other person against whom the subrogated right lies by way of third party proceedings in the proceedings founded on the application for statutory compensation; or\n\t(b)\tbring such a claim in separate proceedings against the person against whom the subrogated right lies (including an offender who was not a party to the proceedings founded on the application for statutory compensation).\n\t(3)\tIf the offender is a party to proceedings founded on an application for statutory compensation—\n\t(a)\tthe Attorney-General may file in the court a certificate certifying—\n\t(i)\tthe amount of the statutory compensation paid out on the claim; and\n\t(ii)\tthe applicant's costs (so far as they have been or are to be paid by the Crown); and\n\t(b)\tjudgment must then be entered in favour of the Crown and against the offender for the aggregate amount so certified.\n\t(4)\tHowever, if the claim was settled by agreement between the Crown and the claimant, and the offender was not a party to the agreement for settlement—\n\t(a)\tthe offender may, within 1 month after the offender receives notice of a judgment entered under subsection (3), apply to have the judgment set aside or varied as may be reasonable in the circumstances of the case; and\n\t(b)\tthe court may set aside the judgment or vary it accordingly.\n\t(5)\tIf an application for statutory compensation is settled without court proceedings, or proceedings were brought in court but the offender was not a party to those proceedings, the Attorney-General may—\n\t(a)\tfile in the court a certificate certifying—\n\t(i)\tthe amount of the statutory compensation paid out on the claim; and\n\t(ii)\tthe applicant's costs (so far as they have been or are to be paid by the Crown); and\n\t(b)\tapply for summary judgment in favour of the Crown and against the offender for the aggregate amount so certified (or a lesser amount if the Attorney‑General thinks fit).\n\t(6)\tThe court must, on an application by the Attorney-General under subsection (5), enter summary judgment in accordance with the application unless the offender satisfies the court, on application made by the offender within 1 month after receiving notice of the Attorney-General's application, that there is good reason for not entering judgment in accordance with the Attorney-General's application.\n\t(7)\tIf a debt arises from a judgment entered in favour of the Crown and against an offender in accordance with this section, the Chief Recovery Officer may take action on behalf of the Crown to recover the debt and for that purpose may, subject to subsection (8), exercise any power or do any thing that the Chief Recovery Officer is authorised or required to exercise or do in relation to an enforcement determination under the Fines Enforcement and Debt Recovery Act 2017 as if—\n\t(a)\tthe debt that may be recovered from the offender in accordance with this section was the amount due under the expiation notice to which the enforcement determination relates; and\n\t(b)\tthe offender was a person against whom enforcement action was being taken.\n\t(8)\tThe Chief Recovery Officer, in acting under subsection (7) in relation to an offender—\n\t(a)\tmay not enter into an arrangement requiring the offender to complete community service under section 20 of the Fines Enforcement and Debt Recovery Act 2017; and\n\t(b)\tmay only waive payment under section 25 of that Act with the approval of the Attorney‑General.\n\t(9)\tSection 26 of the Fines Enforcement and Debt Recovery Act 2017 does not apply to a debt to be recovered under this section.\n\t(10)\tSection 9 of the Fines Enforcement and Debt Recovery Act 2017 applies in relation to a debt under this section in the same way as it applies to an expiation amount (other than an expiation fee).\n29—Recovery from claimant\n\t(1)\tIf the Attorney-General makes an interim payment of statutory compensation to a claimant and no order for statutory compensation is subsequently made in favour of that claimant, or an order is made but for a lesser amount, the Attorney-General may recover the amount so paid or the amount of the excess (as the case requires) from the claimant as a debt.\n\t(2)\tIf—\n\t(a)\tthe Attorney-General makes a payment under this Act to a claimant; and\n\t(b)\tthe claimant is subsequently paid compensation or damages by some other person for the injury, financial loss or grief for which the payment under this Act was made; and\n\t(c)\tthe compensation or damages received from the other source was not taken into account by the Attorney-General in making the payment or exceeds the amount taken into account by the Attorney-General,\nthe Attorney-General may recover from the claimant, as a debt, the amount of the payment or the amount of the excess (as the case requires) but may not recover more than the amount received from the other source.\n\t(3)\tA claimant referred to in subsection (2) must, within 30 days after being paid compensation or damages referred to in subsection (2)(b), notify the Attorney‑General in writing of the payment (and including any particulars prescribed by the regulations).\nMaximum penalty: $1 250.\nPart 6—Victims of Crime Fund\n30—Victims of Crime Fund\n\t(1)\tThe Fund previously known as the Criminal Injuries Compensation Fund continues in existence as the Victims of Crime Fund.\n\t(2)\tThe Fund consists of—\n\t(a)\tthe money provided by Parliament for the purposes of the Fund; and\n\t(b)\tany amounts paid into the Fund under subsection (3); and\n\t(c)\tany amounts recovered by way of levy under this Part; and\n\t(d)\tany amounts recovered by the Attorney-General under this Act; and\n\t(e)\tany money paid into the Fund under any other Act.\n\t(3)\tIn each financial year, the prescribed proportion of the aggregate amount paid into General Revenue by way of fines will be paid into the Fund.\n\t(5)\tA deficiency in the Fund will be met from the Consolidated Account.\n31—Payments from Fund\n\t(a1)\tThe following payments must be made from the Fund:\n\t(a)\tall payments made by the Attorney‑General under this Act;\n\t(b)\tthe salary of the Commissioner;\n\t(c)\tthe salaries of other staff of the Commissioner if those staff are designated by the Attorney‑General as being staff to whom this provision applies.\n\t(1)\tThe Attorney-General has an absolute discretion to make payments from the Fund to a government or non-government organisation or agency for a purpose that will, in the Attorney-General's opinion, assist in the prevention of crime or advance the interests of victims of crime.\n\t(2)\tThe Attorney-General also has an absolute discretion to make other payments from the Fund to or for the benefit of victims of crime that will, in the Attorney-General's opinion, help them to recover from the effects of crime or advance their interests in other ways.\n\t(3)\tA decision by the Attorney-General in the exercise of a discretion under this section cannot be challenged or called in question before any court.\n32—Imposition of levy\n\t(1)\tA levy is imposed for the purpose of providing a source of revenue for the Fund.\n\t(2)\tSubject to this section and any exceptions prescribed by the regulations, the levy is imposed on—\n\t(a)\tall persons convicted of offences after the commencement of this section (whether the offence was committed before or after the commencement of this section); and\n\t(b)\tall persons who expiate offences under expiation notices issued after the commencement of this section.\n\t(3)\tA levy is not imposed on a person convicted of an offence if the person has paid the levy under an expiation notice issued for the same offence.\n\t(3a)\tA court may, at the time of convicting or sentencing a person under the age of 18 years for an offence, exonerate the defendant from liability to pay the levy in relation to that offence.\n\t(4)\tThe amount of the levy is to be fixed by regulation.\n\t(5)\tThe amount of the levy may vary according to any one or more of the following factors:\n\t(a)\tthe nature of the offence;\n\t(b)\twhether the offence is a summary or an indictable offence;\n\t(c)\twhether or not the offence is expiated;\n\t(ca)\twhether the offence is expiated by payment of the expiation fee, or other arrangements in relation to payment of the expiation fee, during the expiation period or otherwise;\n\t(d)\twhether or not the offender is an adult;\n\t(e)\tvariations in the consumer price index.\n\t(6)\tIf a levy is payable under this section by a person who expiates an offence, the amount of the levy must be shown on the expiation notice.\n\t(7)\tIf a levy is payable under this section by a person who is convicted of an offence—\n\t(a)\tthe amount of the levy must be shown in—\n\t(i)\tany formal record of the conviction and sentence; and\n\t(ii)\tany notice of the conviction and sentence given to the defendant; and\n\t(iii)\tany warrant of commitment issued for the imprisonment of the defendant for the offence; and\n\t(b)\tsubject to subsection (3a), the court may not, at the time of convicting or sentencing the defendant for the offence, reduce the levy or exonerate the defendant from liability to pay it; and\n\t(c)\tthe levy is recoverable under the Sentencing Act 2017.\n\t(8)\tDespite subsection (2), the Chief Recovery Officer or an issuing authority (within the meaning of the Expiation of Offences Act 1996) may recover a levy before it becomes payable under this section.\nPart 7—Miscellaneous\n32A—Victim may exercise rights through an appropriate representative\n\t(1)\tRights granted to a victim under this, or any other, Act may be exercised on behalf of the victim by an appropriate representative chosen by the victim for that purpose.\nNote—\nSuch rights would include (without limitation) the right to request information under this or any other Act, the right to make a claim for compensation under this or any other Act and the right to furnish a victim impact statement under the Sentencing Act 2017.\n\t(2)\tThis section does not apply to rights, or rights of a kind, prescribed by the regulations.\n\t(3)\tIn this section—\nappropriate representative, in relation to a victim, means any of the following:\n\t(a)\tan officer of the court;\n\t(b)\tthe Commissioner for Victims' Rights or a person acting on behalf of the Commissioner for Victims' Rights;\n\t(c)\tan officer or employee of an organisation whose functions consist of, or include, the provision of support or services to victims of crime;\n\t(d)\ta relative of the victim;\n\t(e)\tanother person who, in the opinion of the Commissioner for Victims' Rights, would be suitable to act as an appropriate representative.\n33—Interaction between this Act and other laws\nThis Act does not exclude or derogate from rights to damages or compensation that exist apart from this Act.\n34—Date as at which compensation is to be assessed\nIf a person is entitled to statutory compensation, the amount of the compensation must be assessed in accordance with the provisions of this Act as in force at the time of the commission of the offence from which the injury arose.\n34A—Disclosure of information\nThe Crown Solicitor may (despite any other Act or law) disclose to a victim any information that the Crown Solicitor has relating to the whereabouts of an offender or any means of contacting an offender, for the purpose of facilitating the service of documents on the offender by or on behalf of the victim.\n35—Delegation\n\t(1)\tThe Attorney-General may, by instrument in writing, delegate to a specified person, or the holder of a specified position, any of the Attorney-General's powers or functions under this Act.\n\t(2)\tA delegation under this section—\n\t(a)\tmay be made subject to conditions or limitations; and\n\t(b)\tis revocable at will and does not derogate from the power of the Attorney-General to act in any matter.\n\t(3)\tHowever, a delegation cannot be made under this section of the Attorney-General's power to decline to satisfy an order for statutory compensation (or for statutory compensation and costs) or to reduce the payment to be made under such an order1.\nNote—\n1\tSee section 27(2).\n36—Annual report\n\t(1)\tThe administrative unit of the Public Service responsible, under the Attorney-General, for the administration of this Act must, on or before 30 September in each year, present a report to the Attorney-General on the operation and administration of this Act during the previous financial year.\n\t(2)\tA report required under this section may be incorporated in the annual report of the relevant administrative unit.\n\t(3)\tThe Attorney-General must, within 12 sittings days after receipt of a report under this section, cause copies of the report to be laid before each House of Parliament.\n37—Regulations\n\t(1)\tThe Governor may make regulations for the purposes of this Act.\n\t(2)\tThe regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the persons, things or circumstances to which they are expressed to apply; and\n\t(c)\tbe brought into operation on a date specified in the regulations that is earlier than the date of its publication in the Gazette.\nSchedule a1—Compensation amounts for non‑financial loss (section 20(3)(a))\n\nNumerical value assigned\nCorresponding amount\n1\n$1 000 (indexed)\n2\n$2 000 (indexed)\n3\n$4 000 (indexed)\n4\n$5 000 (indexed)\n5\n$6 000 (indexed)\n6\n$7 000 (indexed)\n7\n$8 000 (indexed)\n8\n$9 000 (indexed)\n9\n$10 000 (indexed)\n10\n$11 000 (indexed)\n11\n$12 000 (indexed)\n12\n$13 000 (indexed)\n13\n$14 000 (indexed)\n14\n$15 000 (indexed)\n15\n$16 000 (indexed)\n16\n$17 000 (indexed)\n17\n$18 000 (indexed)\n18\n$19 000 (indexed)\n19\n$20 000 (indexed)\n20\n$21 000 (indexed)\n21\n$22 000 (indexed)\n22\n$23 000 (indexed)\n23\n$24 000 (indexed)\n24\n$25 000 (indexed)\n25\n$26 000 (indexed)\n26\n$27 000 (indexed)\n27\n$28 000 (indexed)\n28\n$29 000 (indexed)\n29\n$30 000 (indexed)\n30\n$31 000 (indexed)\n31\n$32 867 (indexed)\n32\n$34 733 (indexed)\n33\n$36 600 (indexed)\n34\n$38 467 (indexed)\n35\n$40 333 (indexed)\n36\n$42 200 (indexed)\n37\n$44 067 (indexed)\n38\n$45 933 (indexed)\n39\n$47 800 (indexed)\n40\n$49 667 (indexed)\n41\n$52 000 (indexed)\n42\n$54 333 (indexed)\n43\n$56 667 (indexed)\n44\n$59 000 (indexed)\n45\n$61 333 (indexed)\n46\n$63 667 (indexed)\n47\n$66 000 (indexed)\n48\n$68 333 (indexed)\n49\n$70 667 (indexed)\n50\n$73 000 (indexed)\n51\n$75 800 (indexed)\n52\n$78 600 (indexed)\n53\n$81 400 (indexed)\n54\n$84 200 (indexed)\n55\n$87 000 (indexed)\n56\n$89 800 (indexed)\n57\n$92 600 (indexed)\n58\n$95 400 (indexed)\n59\n$98 200 (indexed)\n60\n$100 000 (indexed)\nSchedule 1—Repeal and transitional provisions\n1—Repeal of Criminal Injuries Compensation Act 1978\nThe Criminal Injuries Compensation Act 1978 (the repealed Act) is repealed.\n2—Transitional provision\n\t(1)\tSubject to subclause (2), the repealed Act applies to an application for compensation in respect of an injury arising from an offence committed before the commencement of this Act.\n\t(2)\tHowever, if compensation (other than interim compensation) had not been paid under the repealed Act before the commencement of this Act, Part 5 of this Act applies to the exclusion of the corresponding provisions of the repealed Act as if the order for compensation were an order under this Act.\n\t(3)\tThis Act applies to a claim for statutory compensation for an injury caused by an offence committed on or after the commencement of this Schedule.\n\t(4)\tWithout derogating from section 37, the Governor may make regulations under this Act for the purposes of applications referred to in subclause (1) (including any regulation that could have been made under the repealed Act as in force immediately before its repeal).\n\t(5)\tThe Criminal Injuries Compensation Regulations 2002 continue to have effect for the purposes of subclause (1) until revoked by regulations made under this Act (and Part 3A of the Subordinate Legislation Act 1978 does not apply, and is taken never to have applied, to the Criminal Injuries Compensation Regulations 2002 as so continued).\n3—Operation of certain amendments\nAn amendment made by a provision of the Statutes Amendment (Domestic Partners) Act 2006 to this Act applies only in relation to a claim for statutory compensation for an injury caused by an offence committed after the commencement of the amendment.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Victims of Crime Act 2001 amended the following:\nCorrectional Services Act 1982\nCriminal Assets Confiscation Act 1996\nCriminal Law (Sentencing) Act 1988\nDistrict Court Act 1991\nExpiation of Offences Act 1996\nStamp Duties Act 1923\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2001\n58\nVictims of Crime Act 2001\n15.11.2001\n1.1.2003 (Gazette 19.12.2002 p4736)\n2006\n43\nStatutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 92 (ss 218—222)—1.6.2007 (Gazette 26.4.2007 p1352)\n2007\n47\nVictims of Crime (Commissioner for Victims' Rights) Amendment Act 2007\n8.11.2007\nPt 2 (ss 4—8)—17.7.2008 (Gazette 17.7.2008 p3373)\n2007\n48\nStatutes Amendment (Victims of Crime) Act 2007\n8.11.2007\nPt 5 (ss 7—17)—17.7.2008 (Gazette 17.7.2008 p3372)\n2009\n79\nStatutes Amendment (Victims of Crime) Act 2009\n10.12.2009\nPt 6 (ss 20—23)—19.9.2010 (Gazette 16.9.2010 p4868)\n2013\n31\nStatutes Amendment (Fines Enforcement and Recovery) Act 2013\n1.8.2013\nPt 11 (ss 48 & 49)—3.2.2014 (Gazette 30.1.2014 p422)\n2015\n16\nStatutes Amendment (Vulnerable Witnesses) Act 2015\n6.8.2015\nPt 8 (s 33)—1.7.2016 (Gazette 23.6.2016 p2618)\n2016\n8\nVictims of Crime (Compensation) Amendment Act 2016\n17.3.2016\n1.7.2015 except s 11—17.3.2016: s 2\n2016\n62\nStatutes Amendment (Courts and Justice Measures) Act 2016\n8.12.2016\nPt 9 (s 15)—8.12.2016: s 2(1)\n2017\n53\nStatutes Amendment (Sentencing) Act 2017\n28.11.2017\nPt 22 (ss 33 to 35)—30.4.2018 (Gazette 6.2.2018 p612)\n2017\n71\nFines Enforcement and Debt Recovery Act 2017\n12.12.2017\nSch 1 (cll 33 & 34)—30.4.2018 (Gazette 6.2.2018 p609)\n2019\n15\nVictims of Crime (Offender Service and Joinder) Amendment Act 2019\n11.7.2019\n2.9.2019 (Gazette 22.8.2019 p3106)\n2019\n45\nSupreme Court (Court of Appeal) Amendment Act 2019\n19.12.2019\nSch 1 (cl 87)—1.1.2021 (Gazette 10.12.2020 p5638)\n2024\n59\nStatutes Amendment (Victims of Crime) Act 2024\n5.12.2024\nPt 3 (ss 5 & 6)—1.4.2025 (Gazette 27.3.2025 p530)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 3\namended by 48/2007 s 7\n17.7.2008\n\namended by 8/2016 s 4\n1.7.2015\ns 4\n\n\ns 4(1)\ns 4 redesignated as s 4(1) by 8/2016 s 5(2)\n1.7.2015\nCommissioner\ninserted by 47/2007 s 4\n17.7.2008\nCPI\ninserted by 8/2016 s 5(1)\n1.7.2015\ncustody\ninserted by 48/2007 s 8(1)\n17.7.2008\ndependants\namended by 43/2006 s 218(1)\n1.6.2007\ndomestic partner\ninserted by 43/2006 s 218(2)\n1.6.2007\nhomicide\namended by 79/2009 s 20\n19.9.2010\nimmediate family\namended by 43/2006 s 218(3)\n1.6.2007\noffender\nsubstituted by 48/2007 s 8(2)\n17.7.2008\nserious offence\ninserted by 48/2007 s 8(3)\n17.7.2008\nspouse\nsubstituted by 43/2006 s 218(4)\n1.6.2007\ns 4(2)\ninserted by 8/2016 s 5(2)\n1.7.2015\nPt 2\n\n\nheading\nsubstituted by 48/2007 s 9\n17.7.2008\nPt 2 Div 1\n\n\ns 5\n\n\ns 5(1)\namended by 48/2007 s 10(1)\n17.7.2008\ns 5(2)\namended by 48/2007 s 10(2)\n17.7.2008\nPt 2 Div 2\n\n\nheading\namended by 48/2007 s 11\n17.7.2008\ns 6\namended by 16/2015 s 33\n1.7.2016\ns 7\nsubstituted by 48/2007 s 12\n17.7.2008\ns 8\n\n\ns 8(1)\namended by 48/2007 s 13(1)—(3)\n17.7.2008\ns 8(2)\namended by 48/2007 s 13(4)\n17.7.2008\nss 9A and 9B\ninserted by 48/2007 s 14\n17.7.2008\ns 9C\ninserted by 59/2024 s 5\n1.4.2025\ns 10\namended by 53/2017 s 33\n30.4.2018\ns 10A\ninserted by 48/2007 s 15\n17.7.2008\nPt 3\n\n\nheading\nsubstituted by 47/2007 s 5\n17.7.2008\nPt 3 Div 1\n\n\nheading\ninserted by 47/2007 s 5\n17.7.2008\nPt 3 Div 2\n\n\nheading\ninserted by 47/2007 s 6\n17.7.2008\ns 16\nsubstituted by 47/2007 s 6\n17.7.2008\nss 16A—16F\ninserted by 47/2007 s 6\n17.7.2008\nPt 4\n\n\ns 17\n\n\ns 17(2)\namended by 43/2006 s 219\n1.6.2007\n\namended by 8/2016 s 6(1)\n1.7.2015\ns 17(5)\namended by 8/2016 s 6(2)\n1.7.2015\ns 17(6)\nsubstituted by 8/2016 s 6(3)\n1.7.2015\ns 18\n\n\ns 18(2)\namended by 59/2024 s 6(1), (2)\n1.4.2025\ns 18(4)\n(c) deleted by 15/2019 s 4\n2.9.2019\ns 18(4a)\ninserted by 48/2007 s 16\n17.7.2008\ns 19\n\n\ns 19(3)\namended by 15/2019 s 5\n2.9.2019\ns 20\n\n\ns 20(1)\namended by 43/2006 s 220(1)\n1.6.2007\n\namended by 48/2007 s 17(1), (2)\n17.7.2008\n\namended by 8/2016 s 7(1), (2)\n1.7.2015\ns 20(3)\namended by 43/2006 s 220(2)\n1.6.2007\n\namended by 48/2007 s 17(3)\n17.7.2008\n\namended by 8/2016 s 7(3)—(5), (7)\n1.7.2015\n\n(b) deleted by 8/2016 s 7(6)\n1.7.2015\ns 20(5)\namended by 79/2009 s 21(1)\n19.9.2010\ns 20(5a)\ninserted by 79/2009 s 21(2)\n19.9.2010\ns 20(6)\namended by 79/2009 s 21(3)\n19.9.2010\ns 23\n\n\ns 23(1)\namended by 43/2006 s 221(1)\n1.6.2007\ns 23(2)\namended by 43/2006 s 221(2)\n1.6.2007\ns 24\n\n\ns 24(1)\namended by 45/2019 Sch 1 cl 87(1)\n1.1.2021\ns 24(3)\namended by 45/2019 Sch 1 cl 87(2)\n1.1.2021\ns 25\n\n\ns 25(1)\namended by 8/2016 s 8(1), (2)\n1.7.2015\ns 25(2)\nsubstituted by 8/2016 s 8(3)\n1.7.2015\nPt 5\n\n\ns 27\n\n\ns 27(3)\namended by 8/2016 s 9\n1.7.2015\ns 28\n\n\ns 28(5)\namended by 8/2016 s 10\n1.7.2015\ns 28(7)\ninserted by 31/2013 s 48\n3.2.2014\n\namended by 71/2017 Sch 1 cl 33(1), (2)\n30.4.2018\ns 28(8)\ninserted by 31/2013 s 48\n3.2.2014\n\namended by 71/2017 Sch 1 cl 33(3)—(5)\n30.4.2018\ns 28(9)\ninserted by 31/2013 s 48\n3.2.2014\n\namended by 71/2017 Sch 1 cl 33(6)\n30.4.2018\ns 28(10)\ninserted by 31/2013 s 48\n3.2.2014\n\namended by 71/2017 Sch 1 cl 33(7)\n30.4.2018\ns 29\n\n\ns 29(3)\ninserted by 8/2016 s 11\n17.3.2016\nPt 6\n\n\ns 30\n\n\ns 30(4)\ndeleted by 47/2007 s 7\n17.7.2008\ns 31\n\n\ns 31(a1)\ninserted by 47/2007 s 8\n17.7.2008\ns 32\n\n\ns 32(2)\namended by 8/2016 s 12(1)\n1.7.2015\ns 32(3a)\ninserted by 8/2016 s 12(2)\n1.7.2015\ns 32(5)\namended by 31/2013 s 49(1)\n3.2.2014\ns 32(6)\nsubstituted by 31/2013 s 49(2)\n3.2.2014\ns 32(7)\namended by 8/2016 s 12(3)\n1.7.2015\n\namended by 53/2017 s 34\n30.4.2018\ns 32(8)\ndeleted by 79/2009 s 22\n19.9.2010\n\ninserted by 71/2017 Sch 1 cl 34\n30.4.2018\nPt 7\n\n\ns 32A\ninserted by 79/2009 s 23\n19.9.2010\ns 32A(1)\namended by 53/2017 s 35\n30.4.2018\ns 34A\ninserted by 8/2016 s 13\n1.7.2015\ns 37\n\n\ns 37(1)\ns 37 redesignated as s 37(1) by 8/2016 s 14\n1.7.2015\ns 37(2)\ninserted by 8/2016 s 14\n1.7.2015\nSch a1\ninserted by 8/2016 s 15\n1.7.2015\nSch 1\n\n\ncl 2\n\n\ncl 2(4) and (5)\ninserted by 62/2016 s 15\n8.12.2016\ncl 3\ninserted by 43/2006 s 222\n1.6.2007\nSch 2\nomitted under Legislation Revision and Publication Act 2002\n\nHistorical versions\n1.6.2007\n\n17.7.2008\n\n19.9.2010\n\n3.2.2014\n\n1.7.2015 (electronic only)\n\n17.3.2016\n\n1.7.2016\n\n8.12.2016\n\n30.4.2018\n\n2.9.2019\n\n1.1.2021\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was returned. The page error prevents any analysis of whether the Act's scope evolved from its original intent."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 Page Not Found error","Unable to assess actual provisions, definitions, schedules, or operative sections","Complexity score of 1 reflects absence of content, not simplicity of the underlying Act"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Victims of Crime Act 2001 (SA)** was not successfully retrieved. The link provided returned a **'Page Not Found'** error from the South Australian legislation website, likely due to a website restructure that occurred around **24 March 2026**.\n\n### What we do know:\n- This is a **South Australian** law (not a federal law)\n- It dates from **2001** and concerns the rights and treatment of **victims of crime** in South Australia\n- It likely covers things such as:\n  - How victims are treated by the justice system\n  - Rights to information about their case\n  - Victim impact statements (written accounts of how a crime has affected someone, read in court at sentencing)\n  - Possible compensation or support schemes\n\n### What you should do:\nTo read the actual law, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search for **'Victims of Crime Act 2001'** directly using the site's search function."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s operative scope has expanded and been refined since enactment through amendments recorded in the legislative history. Notable scope changes in the text include creation and specification of the Commissioner for Victims' Rights and the Commissioner’s consultation and recommendation powers (ss16, 16A–16F); explicit victim consultation and courtroom presence entitlements (ss9A, 9B) and a victims’ information entitlement about sentencing impact (s9C); changes to compensation processes, caps and indexing (s4(2), s20, Schedule a1); imposition and operational detail of a statutory levy to fund the Victims of Crime Fund (s32); and expanded executive payment powers including interim and ex gratia payments and absolute discretion over Fund payments (ss27(4), 31(1)–(3)). These amendments moved the Act from a principles statement with a compensation backstop to a more developed institutional, funding and recovery framework (see ss16, 27, 28, 30–32)."},"complexity_factors":["Multiple decision‑makers with overlapping roles: courts, Attorney‑General, Crown Solicitor, Commissioner (ss16, 18, 20, 27).","Significant non‑justiciable executive discretion over payments and Fund distributions (s27(5), s31(3)).","Interplay with other statutory regimes and enforcement mechanisms (subrogation and recovery via Fines Enforcement powers) (s28(7)–(10)).","Detailed eligibility rules, exclusions and evidentiary thresholds that affect whether a claim can proceed (ss17, 20, 22).","Caps, indexing rules and a numeric scoring schedule for non‑financial loss that require administrative calculation (s4(2), s20(3), Schedule a1).","Procedural timing constraints and initial negotiation steps before court access (s18(3)–(6)).","Regulatory delegation of costs limits and levy amounts leaves key operational parameters to subordinate instruments (s25, s32(4))."],"plain_english_summary":"What the Act does (mechanical summary)\n\n- Establishes a set of non‑enforceable principles about how public agencies and officials should treat victims of crime and requires agencies to have regard to and give effect to those principles so far as practicable (s5, s6).\n- Creates a limited statutory compensation scheme administered through initial application to the Crown Solicitor and, if not settled, by the District Court, with defined eligibility rules, caps and calculation rules for financial and non‑financial loss (ss17–20, Schedule a1).\n- Creates institutional roles: an advisory committee (s15) and a Commissioner for Victims' Rights with monitoring, consultation and limited recommendation powers (ss16, 16A–16F).\n- Establishes a Victims of Crime Fund to pay compensation and related expenses and authorises a statutory levy on people convicted of, or who expiate, offences to fund it (ss30–32).\n- Gives the Attorney‑General operational and financial discretion over settlement, interim and ex gratia payments, and the power to withhold or reduce payments in light of other payments to a claimant (s27).\n- Provides recovery mechanisms for the Crown to recoup payments from offenders, insurers or third parties (s28) and permits the Crown to recover interim or excess payments from claimants in certain circumstances (s29).\n\nOfficial purpose claims (how the Act describes its aims)\n\n- The Act states its objects include: recognising victims and their harm, setting principles for public agencies, assisting recovery and welfare, and providing a limited statutory compensation scheme as acknowledgement of harm (s3).\n\nTesting the purpose claims against mechanics, costs and incentives\n\n- Who pays: the Crown initially pays orders for statutory compensation (s27). The funding source is the Victims of Crime Fund which is fed by parliamentary appropriations, a prescribed proportion of fines paid into general revenue, recoveries, and a statutory levy imposed on convicted or expiating offenders (ss30(2), 31, 32). This means taxpayers and specified offender levies are the immediate funding sources (ss30–32).\n\n- Who decides and where discretion lies: courts decide entitlement and amounts on application (s20). The Attorney‑General holds wide, non‑justiciable discretionary powers to make interim payments, ex gratia payments, or to decline or reduce payments where other payments exist (s27(2)–(5); s27(5) makes the Attorney‑General's discretionary decisions not subject to judicial review). The Attorney‑General also has absolute discretion to make payments from the Fund to organisations or victims where considered appropriate (s31(1)–(3)). The Commissioner may consult agencies and recommend apologies where Part 2 principles were practicable but not followed (s16A).\n\n- Incentives and cost‑allocation: the Act shifts initial financial risk for victim compensation to the Crown but creates subrogated rights allowing the Crown to recover from offenders or insurers (s28). This design creates incentives for the Crown to pursue recoveries (s28(1)–(6)). Offenders face an additional statutory levy (s32), and courts must show levy amounts on conviction records (s32(7)). Legal practitioners' fees in these proceedings are limited by regulation (s25), which affects the economics of representing claimants and offenders.\n\n- Compliance and administrative burden for claimants: claimants must apply first to the Crown Solicitor, provide prescribed information verified by statutory declaration, and supply medical reports accessible to them (s18(3)–(4)). If negotiations with the Crown Solicitor do not settle the claim within the negotiation period, claimants must initiate court proceedings within tight limitation windows (s18(5)–(6)). If required, claimants must submit to Crown‑nominated medical examinations (s21(1)) — the Crown bears the cost of those examinations (s21(2)).\n\n- Evidentiary and procedural rules: compensation orders ordinarily require the offence to be admitted or proved beyond reasonable doubt in criminal or related statutory proceedings, and other facts proved on the balance of probabilities (s22(2)). Corroboration rules apply if no one has been charged (s22(3)). The court must account for claimant conduct contributing to the offence or injury when assessing awards, and there are express bars where the claimant was engaged in indictable offending unless injustice would result (s20(4)–(6)).\n\n- Caps, indexing and calculation method: the Act caps aggregate awards at $100,000 (indexed) for financial and non‑financial loss combined (s20(3)(iii)), sets a maximum grief award of $20,000 (indexed) (s20(1)(c)), and specifies a formula for compensating financial loss above $2,000 (s20(3)(a)(i)). Non‑financial loss is scored 0–60 and converted to amounts via Schedule a1 (s20(3)(a)(ii), Schedule a1). Indexing rules are set out in the interpretation section (s4(2)).\n\n- Bureaucratic discretion and implementation risk: several executive powers are explicitly non‑reviewable (s27(5); s31(3)), which concentrates decision authority in the Attorney‑General and exposes claimants to administrative discretion. The Commissioner’s powers to seek apologies (s16A(2)) are recommendatory rather than enforceable.\n\n- Interaction with other laws and private parties: the Act preserves other statutory or common law compensation rights (s33). Where the Crown pays, it is subrogated to claimants’ rights against offenders and insurers and may pursue recovery, affecting insurers and potentially altering risk pricing (s28). The Crown can convert its subrogated amount into judgment and use debt‑recovery mechanisms (s28(3)–(7)).\n\nBehavioural effects the Act mechanically creates\n\n- Encourages victims to apply first to the Crown Solicitor and to cooperate with police and prosecutors (s18, s20(7)).\n- Imposes an additional financial cost on offenders through a levy and potential reimbursement obligations where the Crown pays compensation (ss32, 28). \n- Limits litigation costs recoverable in compensation proceedings by regulation (s25), which may affect access to legal representation choices.\n\nKey implementation and compliance risks to watch (section references)\n\n- Unreviewable executive discretion over payments (s27(5), s31(3)).\n- Tight limitation and negotiation periods for claimants (s18(1)–(6)).\n- Requirement that offences be admitted or proved beyond reasonable doubt before compensation (s22(2)), limiting awards where criminal proceedings do not establish guilt.\n- Crown’s ability to recover payments from claimants where payments are later obtained elsewhere (s29).\n\nSelective section citations for easy reference: s3 (objects); s5–6 (principles); s16–16A (Commissioner); ss17–20, Schedule a1 (eligibility, assessment, caps); s18 (applications); s21–22 (medical proof and evidence); s27–29 (payment and recovery); ss30–32 (Fund and levy)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act has grown significantly beyond its original 2001 scope. Originally focused primarily on compensation and general principles, it has expanded through multiple amendment Acts (particularly 2007, 2009, 2016, 2019, 2024) to include: an independent Commissioner for Victims' Rights with investigative powers (2007); detailed consultation rights for serious offence victims (2007); appeal request rights (2007); representative rights for vulnerable victims (2009); complex indexed compensation schedules replacing simpler calculations (2016); enhanced offender service and joinder provisions (2019); and new information rights about victim impact statements (2024). The compensation scheme has become increasingly prescriptive with mathematical formulas and caps, while the victim rights framework has evolved from unenforceable principles to specific procedural entitlements."},"complexity_factors":["Multiple overlapping definitions of 'victim' — immediate victim, victim of serious offence, dependants, and family members each trigger different rights (ss 4, 9A, 17)","Complex compensation calculation methodology with tiered caps: $2,000 base + 75% formula for financial loss; 0-60 scale for non-financial loss with non-linear progression (Schedule A1 jumps from $31,000 at value 30 to $32,867 at value 31); $100,000 aggregate cap with exceptions (s 20(3))","Extensive cross-referencing to other Acts — Bail Act 1985, Criminal Law Consolidation Act 1935, Evidence Act 1929, Young Offenders Act 1993, Return to Work Act 2014, Fines Enforcement and Debt Recovery Act 2017, Sentencing Act 2017, Correctional Services Act 1982, Family Relationships Act 1975, and GST legislation (ss 7, 8, 9B, 17, 25, 28, 32A)","Nested exceptions and qualifications throughout — e.g., s 17(5) has 5 separate exclusion clauses (workers comp, CTP, health funds, prisoners, employer breaches); s 20(5) has a 'unless unjust' exception to the 'no compensation for crime victims' rule","Dual-track process for compensation — administrative settlement with Crown Solicitor vs court proceedings with potential joinder of offender (ss 18-19)","Subrogation and recovery provisions allowing Attorney-General to recover payments from offenders and insurers (s 28), with special enforcement mechanisms borrowing powers from the Fines Enforcement and Debt Recovery Act","Indexed amounts requiring annual CPI adjustments calculated to 2 decimal places (s 4(2))","Transitional provisions preserving old Act for pre-commencement offences while applying new payment mechanisms (Schedule 1, cl 2)"],"plain_english_summary":"**What this law does:**\n\nThe *Victims of Crime Act 2001* (South Australia) is a comprehensive law that does three main things:\n\n1. **Sets out how victims should be treated** by police, prosecutors, and courts — including rights to information, protection, and dignity\n2. **Creates a scheme for financial compensation** for victims of violent crime, sexual offences, and homicide\n3. **Establishes an independent Commissioner for Victims' Rights** to advocate for victims and monitor the system\n\n**Who it affects:**\n\n- **Victims of crime** — anyone who suffers physical or psychological harm from an offence, including family members of homicide victims\n- **Government agencies** — police, prosecutors, courts, and corrections must follow the principles in Part 2\n- **Offenders** — may be joined to compensation proceedings and required to repay the government\n- **The Commissioner for Victims' Rights** — an independent office that helps victims navigate the system\n\n**Key rights for victims:**\n\n- **Information rights** — victims can ask about investigation progress, charges, bail outcomes, and sentencing (ss 8-9)\n- **Protection rights** — police must tell bail courts if victims fear for their safety (s 7)\n- **Input into decisions** — victims of serious offences must be consulted about charges and amendments (s 9A)\n- **Court presence** — victims can attend court unless excluded (s 9B)\n- **Sentencing input** — victims can submit impact statements and make submissions to the Parole Board (s 10)\n- **Compensation** — eligible victims can claim payments for injury, grief, funeral expenses, and financial loss (Part 4)\n\n**The compensation scheme:**\n\n- Run through the District Court (or by agreement with the Crown Solicitor)\n- Covers physical/psychological injury, grief (up to $20,000 indexed), funeral expenses (up to $14,000 indexed), and dependants' financial loss\n- Uses a complex formula: financial losses over $2,000 get reduced to $2,000 plus 75% of the excess; non-financial losses are rated 0-60 on a scale with corresponding dollar amounts (Schedule A1)\n- **Hard caps:** $100,000 indexed per claimant (with exceptions for claiming in multiple capacities)\n- Funded by the Victims of Crime Fund, which gets money from a levy on offenders and fines\n\n**Important limitations:**\n\n- The principles in Part 2 are **not legally enforceable** — they're guidelines, not rights you can sue over (s 5)\n- No compensation if the injury happened while committing a serious crime (s 20(5))\n- No compensation for work injuries covered by workers compensation, or motor vehicle injuries covered by CTP insurance (s 17(5))\n- Claims must be made within 5 years (s 18)\n\n**Why it matters:**\n\nThis Act recognises that victims have traditionally been overlooked in criminal justice systems focused on offenders. It tries to balance practical support (information, protection) with financial redress, while keeping the compensation scheme affordable through caps and exclusions. The Commissioner provides an independent voice for victims within government."}},"importantCases":[],"_links":{"self":"/api/acts/victims-of-crime-act-2001","history":"/api/acts/victims-of-crime-act-2001/history","analysis":"/api/acts/victims-of-crime-act-2001/analysis","conflicts":"/api/acts/victims-of-crime-act-2001/conflicts","importantCases":"/api/acts/victims-of-crime-act-2001/important-cases","documents":"/api/acts/victims-of-crime-act-2001/documents"}}