{"id":"victims-of-crime-transitional-regulations-2017","name":"Victims of Crime (Transitional) Regulations 2017","slug":"victims-of-crime-transitional-regulations-2017","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":238136,"registerId":"sa-victims-of-crime-transitional-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Victims of Crime (Transitional) Regulations 2017","content":"South Australia\nVictims of Crime (Transitional) Regulations 2017\nunder the Victims of Crime Act 2001\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tPrescribed particulars\n5\tLegal costs\nSchedule 1—Scale of costs\nSchedule 2—Transitional provision\n1\tTransitional provision\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Victims of Crime (Transitional) Regulations 2017.\n2—Commencement\nThese regulations will be taken to have come into operation on 11 August 2016.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Criminal Injuries Compensation Act 1978 (as it applies pursuant to Schedule 1 clause 2 of the Victims of Crime Act 2001).\nNote—\nThe Criminal Injuries Compensation Act 1978 has been repealed but applies in respect of an injury arising from an offence committed before the commencement of the Victims of Crime Act 2001 (see Schedule 1 clause 2 of the Victims of Crime Act 2001).\n4—Prescribed particulars\nFor the purposes of section 7(3) of the Act, the following are the prescribed particulars:\n\t(a)\tname, address and date of birth of the claimant;\n\t(b)\tname and date of birth of the victim (if not the claimant);\n\t(c)\tdate, time and place of the offence;\n\t(d)\tthe type of offence and the details surrounding the offence;\n\t(e)\twhen and where the offence was reported to the police and, if not reported, the reason for not doing so;\n\t(f)\tdetails of the nature of the injury (for example, broken bones, scars);\n\t(g)\tif the victim is dead—\n\t(i)\tthe relationship of the claimant to the victim; and\n\t(ii)\tthe date of death; and\n\t(iii)\tthe date of the funeral;\n\t(h)\tname of offender(s) (if known);\n\t(i)\tif the offender(s) were convicted of the offence, brief details of the conviction;\n\t(j)\tany information as to the whereabouts, income and assets of the offender(s);\n\t(k)\tparticulars of special damage including—\n\t(i)\tan itemised list of expenses in relation to any treatment and the name of the person or institution to whom the expense was paid or is payable; and\n\t(ii)\tan itemised list of funeral expenses; and\n\t(iii)\tdetails of membership of any health fund or scheme;\n\t(l)\tif the claim is by the victim, details of any loss of earning capacity, including details of—\n\t(i)\tthe occupation or business of the claimant at the time of the injury and during the twelve months prior to the injury; and\n\t(ii)\tthe gross income received from the occupation or business during the 12 month period ending on 30 June last prior to the injury; and\n\t(iii)\tany disability (including mental disability) from which the claimant is suffering or has suffered as a result of the injury and which is preventing or has prevented, wholly or in part, the claimant from performing his or her occupation or business; and\n\t(iv)\tthe periods since the injury during which the claimant has been unable, wholly or in part, to perform his or her usual occupation or business, together with the periods during which the incapacity has been total and the periods during which it has been partial; and\n\t(v)\twhere there has been partial incapacity, the nature and extent of that partial incapacity; and\n\t(vi)\tthe periods since the injury during which the claimant has been employed or otherwise engaged in any occupation or business, and in respect of each such occupation or business—\n\t(A)\tthe nature of the occupation or business; and\n\t(B)\tthe address at which it was conducted or performed; and\n\t(C)\tthe name of any employer; and\n\t(D)\tthe gross income received by the claimant;\n\t(m)\tif the claim is by a dependant or dependants of a victim—all the facts on which the claimant relies to establish a claim for financial loss;\n\t(n)\tthe final amount claimed for financial loss, detailing the calculations used to arrive at that figure;\n\t(o)\tthe amount claimed for non-financial loss, detailing the calculations used to arrive at that figure;\n\t(p)\tcopies of all medical reports in the claimant's possession;\n\t(q)\ta statement of all amounts received by or on behalf of the claimant from the offender or any other source, and details of any steps taken to obtain payment or compensation from the offender or any other person, corporation, or government department or administrative unit in respect of the injury.\n5—Legal costs\n\t(1)\tPursuant to section 10 of the Act, the scale of costs set out in Schedule 1 is the prescribed scale.\n\t(2)\tFor the avoidance of doubt, there is no fee payable in proceedings under the Act except as set out in Schedule 1.\nSchedule 1—Scale of costs\n\n1—Interpretation\n\nIn this Schedule—\n\n\n\t(a)\tCPI means the Consumer Price Index (All groups index for Adelaide) published by the Australian Bureau of Statistics; and\n\t(b)\tif a monetary amount is followed by the word (indexed), the amount is 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.\n\n2—Solicitor fee\n(1)\nIf an application is made to a court\n$1 400 (indexed)\n(2)\nIf a claim is settled without an application to a court\n$700 (indexed)\n(3)\nFor all work relating to an appeal\n$700 (indexed)\n3—Counsel fee\n(1)\nPreliminary fee\n\n\nFor all work preparatory to an application to a court (including advice on evidence and any other legal advice on the application, conferences and proofing witnesses) and for the first 5 hours of the hearing of the application\n$1 000 (indexed)\n(2)\nAdditional fee\n\n\nFor each hour or part of an hour after the first 5 hours of the hearing of the application\n$200 (indexed)\n(3)\nFor attending at a pre-trial conference (including preparatory work)\n$250 (indexed)\n(4)\nFor all work relating to an appeal\n$700 (indexed)\n4—Disbursements\n(1)\nIf an application is made to a court, a legal practitioner may recover all disbursements reasonably incurred under the Act as allowed by certificate of the court.\n\n(2)\nIf a claim is settled without an application to a court, a legal practitioner may recover all disbursements reasonably incurred as certified by the Crown Solicitor.\n\nSchedule 2—Transitional provision\n1—Transitional provision\nThese regulations apply in relation to legal costs under section 10 of the Criminal Injuries Compensation Act 1978 relating to matters finalised after the commencement of these regulations.\nLegislative history\nNotes\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.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2017\n9\nGazette 9.2.2017 p393 \n11.8.2016: r 2\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original transitional purpose: governing legal costs and claim procedures for pre-2001 criminal injuries compensation matters. The scope has not expanded beyond this narrow bridging function."},"complexity_factors":["Short document (approximately 1,500 words across 5 main clauses and 2 schedules)","Only 2 defined terms in the interpretation section ('Act' and 'CPI')","Straightforward list structure with minimal cross-referencing (primarily back to the repealed Criminal Injuries Compensation Act 1978)","Simple conditional logic — fee scales depend on whether matter goes to court or settles, and whether it's an appeal","Single mathematical formula for CPI indexation (clearly specified with rounding rules)","No nested exceptions or complex deeming provisions","Prescribed particulars in clause 4 are comprehensive but presented as a plain checklist"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical rules for making compensation claims under South Australia's old **Criminal Injuries Compensation Act 1978** — a law that was repealed but still applies to crimes committed before 2001.\n\n**Who it affects:**\n\n- **Victims of crime** (or their families) seeking compensation for injuries from offences committed before the current Victims of Crime Act 2001 took effect\n- **Lawyers** representing these victims, as it caps their fees and specifies what they can charge\n\n**Key things it covers:**\n\n- **What information victims must provide** when making a claim — including personal details, crime circumstances, medical reports, lost income, funeral costs (if applicable), and any money already received from other sources\n- **How much lawyers can charge** — fixed fees for solicitors ($700–$1,400 depending on whether court action is needed) and barristers (hourly rates with a $1,000 initial fee), all adjusted annually for inflation using the Consumer Price Index\n- **Court approval** — lawyers need the court's okay to claim back expenses (disbursements) like expert reports or filing fees\n\n**Why it matters:**\n\nThis is a **bridging law** that handles the tail-end of old compensation claims. It ensures victims of pre-2001 crimes can still complete their claims while keeping legal costs controlled and predictable. Without these rules, lawyers could charge unlimited fees, and victims wouldn't know what paperwork they need to submit."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations do not alter who is eligible or the substantive basis for compensation; they prescribe procedural particulars and a scale of recoverable legal costs and set a transitional application to matters under the 1978 Act (reg 4, reg 5, Sch 1, Sch 2)."},"complexity_factors":["Cross-reference to a repealed statute (Criminal Injuries Compensation Act 1978) preserved for pre‑2001 offences (reg 3 and Sch 2)","Lengthy, detailed list of required claimant particulars creating compliance and evidentiary burden (reg 4, subitems a–q)","Prescribed fee scale with CPI (Adelaide) indexing, rounding and annual adjustment formula (Sch 1 cl 1)","Different certification routes for recovering disbursements depending on whether a court application is made (Sch 1 cl 4)","Simple structure and few discretionary terms reduce interpretive complexity"],"plain_english_summary":"These regulations set the paperwork and cost rules for victims’ compensation claims arising under the Victims of Crime Act and, for earlier offences, the saved Criminal Injuries Compensation Act. They specify the information a claimant must provide (medical reports, offence details, income and loss calculations) (reg 4), fix a prescribed scale of legal fees with CPI indexing (reg 5, Sch 1), and apply those cost rules to transitional matters from the 1978 Act (Sch 2). They affect claimants, their lawyers and the bodies certifying disbursements."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available. No comparison between original and current intent is possible from the retrieved content."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Analysis is based solely on the title and contextual inference, not actual legal content","Complexity cannot be meaningfully assessed without the substantive text of the regulations","Transitional regulations can range from very simple (a few savings provisions) to moderately complex (detailed rules for handling in-progress matters across two legal regimes)"],"plain_english_summary":"This South Australian regulation governs the transition between an old and a new victims-of-crime framework, managing how ongoing claims, entitlements, or procedures are handled during the changeover. It affects victims with existing applications, agencies that administer support or compensation, and lawyers advising claimants.\n\nIt matters because transitional rules determine who stays eligible, how pending matters are finalised, and how administrative responsibility shifts during reform."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/victims-of-crime-transitional-regulations-2017","history":"/api/acts/victims-of-crime-transitional-regulations-2017/history","analysis":"/api/acts/victims-of-crime-transitional-regulations-2017/analysis","conflicts":"/api/acts/victims-of-crime-transitional-regulations-2017/conflicts","importantCases":"/api/acts/victims-of-crime-transitional-regulations-2017/important-cases","documents":"/api/acts/victims-of-crime-transitional-regulations-2017/documents"}}