Victims of Crime Act 2001

The Act is structured around three conceptual pillars: declaratory principles of victim treatment (Part 2), an institutional apparatus for victim advocacy and oversight (Part 3), and a limited statutory compensation and funding regime (Parts 4-6). Each pillar supplies legal mechanisms and constraints.

Declaratory principles. Part 2 sets out aspirational but operational principles governing public agency conduct. The Act says Parliament seeks to declare the principles and that the need arises from national and international concern (s 5(1)-(2)). Critical features are: dignity and consideration requirements (s 6), information entitlements (s 8), advice about witness roles (s 9), consultation rights for victims of serious offences before certain prosecution decisions (s 9A), entitlement to be present in court (s 9B), and privacy protections (s 14). Notably, these principles are expressly non‑enforceable in court and do not give rise to damages (s 5(3)), but public agencies and officials are both “authorised and required to have regard, and to give effect” to them “so far as it is practicable” in light of other obligations (s 5(4)). That framing makes the principles administrative obligations rather than private legal entitlements.

Institutional oversight. Part 3 establishes the Commissioner for Victims' Rights and an optional advisory committee. The Commissioner is appointed by the Governor, is not a Public Service member (s 16(1)-(2)), and has specific functions including marshalling government resources for victims, assisting victims in dealings with prosecution and government agencies, and monitoring law and court procedures (s 16(3)(a)-(c)). The Commissioner can require consultation from public agencies (s 16A(1)), recommend written apologies where agencies, after consultation, are found to have failed to comply with Part 2 and not remedied the failure (s 16A(2)), and must report annually (s 16F). The Commissioner’s independence is protected but subject to direction by the Attorney‑General, with published directions or guidelines (s 16E(1)-(3)).

Compensation scheme. Part 4 sets objective eligibility categories for statutory compensation. Eligibility is limited to “immediate victims” who meet particular conditions such as violence, reasonable apprehension of harm, sexual offence, death or physical injury (s 17(1)). Special categories cover grief, dependants’ financial loss, and funeral expenses (ss 17(2)-(4)). The Act specifies exclusions: where harm arises from an employer’s breach of statutory duty in employment, where Return to Work payments cover the same harm, where harm arises from motor vehicle circumstances covered by compulsory third‑party insurance, and limitations for prisoners for psychological injury unless assaulted (s 17(5)). Applications are submitted to the Crown Solicitor in the first instance (s 18(3)), with time limits (five years generally, s 18(2)) and negotiation periods before court proceedings (s 18(5)-(6)). The court’s award framework includes formulae for financial loss (three‑quarters of amounts above $2,000, s 20(3)(a)(i)), a numerically scaled approach to non‑financial loss (0-60 scale mapped to Schedule a1, s 20(3)(a)(ii) and Schedule a1), and caps (aggregate maximum $100,000 indexed for most awards, s 20(3)(a)(iii)). The Attorney‑General must satisfy court orders within 28 days (s 27(1)) but has discretions to reduce or decline payments where other payments have been made (s 27(2)-(3)) and absolute discretion to make interim and ex gratia payments within the statutory limits (s 27(4)).

Fund and levy. Part 6 continues the Criminal Injuries Compensation Fund as the Victims of Crime Fund (s 30), prescribes its composition (s 30(2)), mandates payment of a prescribed proportion of fines into the Fund (s 30(3)), and allows the Attorney‑General absolute discretion to make payments from the Fund to government or non‑government organisations or for victim assistance (s 31(1)-(3)). A levy is imposed on convicted persons and those who expiate offences, subject to regulation for amount, categories and exemptions (s 32). The levy must be shown on expiation notices and conviction records (s 32(6)-(7)) and is recoverable under the Sentencing Act 2017 (s 32(7)(c)).

Key procedural concepts: evidentiary preconditions (an offence must be admitted or proved beyond reasonable doubt for the court to make an order except with Crown consent, s 22(2)); corroboration needs where no one has been charged (s 22(3)); medical examination powers and costs (s 21); joinder of offenders as parties to compensation proceedings with limited exceptions (s 19); and subrogated recovery rights for the Crown with enforceable judgment by certificate where the offender is a party (s 28).

Indexes and adjustments. Monetary amounts marked “(indexed)” are adjusted annually by reference to the Adelaide CPI from 1 January 2016 onwards according to s 4(2), which prescribes the mechanics of CPI adjustments.

Overall, the Act is conceptually a hybrid administrative-statutory compensation scheme tied to prosecutorial outcomes and mediated by the Attorney‑General and courts: it creates administrative duties for agencies, an advocate/monitor in the Commissioner, and a compensatory mechanism with defined eligibility, caps, evidentiary thresholds and recovery mechanisms.

Victims and immediate victims. The primary class affected is “victim” defined as a person who suffers harm as a result of an offence (s 4(1) definition of victim). The Act further defines “immediate victim” to include persons suffering physical injury, psychological injury from direct involvement or from immediate aftermath operations, parents or guardians of child victims, and immediate family where the victim dies (s 4(1), “immediate victim”). Those definitions determine eligibility for statutory compensation (s 17(1) requires claimant be an immediate victim) and trigger the rights in Part 2 concerning information, presence in court, consultation and sentencing input (ss 8-14, 9A-10).

Dependants and family members. Dependants of a deceased victim (spouse, domestic partner, parents or children including adult children where financially dependent) are affected for financial loss claims (s 4(1) definition of dependants; s 17(3) on dependants’ financial loss). Specific grief compensation eligibility is limited to spouses/domestic partners, children under 18 at time of offence, and parents where the deceased was a child (s 17(2)).

Claimants and representatives. A “claimant” is anyone by whom, or on whose behalf, an application for statutory compensation is made (s 4(1)). Section 32A expressly allows victims to exercise rights through an “appropriate representative”, identifying officers of the court, the Commissioner, employees of victim support organisations, a relative, or another person approved by the Commissioner.

Offenders and third parties. Offenders are affected in several ways: they are generally to be a party to court compensation proceedings where an application is brought to court (s 19(1)), and the Attorney‑General is subrogated to the claimant’s rights against the offender and may recover payment by judgment or summary proceeding (s 28). Offenders may also be required to contribute to the Victims of Crime Fund by the levy imposed on convictions and expiations (s 32).

Public authorities and officials. Police, prosecution authorities and courts are subject to specific duties or obligations to “have regard” to the Part 2 principles (s 5(4)). Police and Crown representatives must ensure a victim’s perceived need for protection is brought to the bail authority’s attention and must make reasonable efforts to notify the victim of bail outcomes (s 7). The Crown Solicitor is the initial recipient of compensation applications (s 18(3)) and has a power to disclose offender contact details to a victim to facilitate service (s 34A). Public agencies must consult with the Commissioner on request (s 16A(1)).

Attorney‑General and Crown. The Attorney‑General has central operational powers: to establish the advisory committee (s 15), to determine that the Crown be represented by a nominated person in proceedings (s 26), to make determinations about payments under the compensation scheme including ex gratia and interim payments with absolute discretions (s 27(4)), and to exercise subrogated recovery rights (s 28). The Attorney‑General also has absolute discretion about payments from the Fund (s 31(1)-(3)). Additionally, the Attorney‑General may delegate powers under s 35, subject to certain non‑delegable discretions (s 35(3)).

Courts and judicial officers. The District Court (the court defined as the District Court in s 4(1)) has the power to hear compensation applications not settled with the Crown (s 18(5)-(6)), to make orders for compensation and costs subject to statutory rules and caps (s 20), to order medical examinations (s 21(3)-(4)), and to enter judgment on Crown certificates of amounts paid where the offender was a party (s 28(3)). The Court of Appeal hears appeals under s 24.

Administrators of recovery. The Chief Recovery Officer is given powers to recover debts arising from judgments entered under s 28 using powers under the Fines Enforcement and Debt Recovery Act 2017 (s 28(7)-(10)). Issuing authorities and the Chief Recovery Officer can recover the levy under s 32(8) before it becomes payable.

Insurers and compensating third parties. Where insurers or other persons are liable to compensate the claimant, the Attorney‑General’s subrogation (s 28(1)-(2)) means insurers can expect claims from the Crown after a statutory compensation payment. The Attorney‑General may sue insurers in third party or separate proceedings (s 28(2)).

Regulators and Parliament. The Governor (executive) appoints the Commissioner (s 16(1)) and makes regulations (s 37). Parliament finances the Fund through appropriations and a prescribed share of fines (s 30(2)-(3)).

Together these parties map the practical network through which victims access information, support, compensation and, where relevant, post‑payment recovery actions are pursued by the Crown.

Victim rights under Part 2. The Act lists multiple rights for victims that agencies must have regard to. Those include: being treated with courtesy, respect and regard for special needs (s 6); having perceived needs for protection brought to the bail authority and being notified of bail outcomes where practicable (s 7); obtaining information on investigation progress, charges, bail outcomes, prosecutor decisions, outcomes of proceedings and appeals, sentence details, parole outcomes and supervision orders (s 8(1)); being advised about their role as witness with adequate time to obtain advice and support (s 9); consultation for victims of serious offences regarding charge decisions and mental fitness investigations (s 9A); entitlement to be present in court (s 9B); being informed about the right to have the impact of the offence considered at sentencing and how material may be used (s 9C); entitlement to have injury, loss or damage considered at sentencing (s 10(1)); and entitlement to make written submissions to the Parole Board (s 10(2)). Victims should also be informed about health and welfare services (s 11), and about options for compensation or restitution (s 12(1)-(2)).

Public agency duties. Section 5(4) requires public agencies and officials to have regard to and give effect to the principles in Part 2 “so far as it is practicable” having regard to other binding obligations. The Commissioner can require agencies to consult on steps to further victims’ interests (s 16A(1)). Where, after consultation, an agency has failed to comply with Part 2 in practicable circumstances and has not apologised or otherwise dealt with the failure satisfactorily, the Commissioner may recommend the agency issue a written apology and must provide a copy of the notice to the victim (s 16A(2)-(3)).

Obligations in bail proceedings. Police or Crown representatives who become aware of a victim’s perceived need for protection must bring that to the attention of the bail authority and make reasonable efforts to notify the victim of the bail outcome and any protective conditions, unless the victim does not wish to be informed (s 7).

Compensation procedural duties. The claimant must apply within the initial application period (s 18(1)-(2)), file the application with the Crown Solicitor first (s 18(3)), provide required information verified by statutory declaration and accompany the application with medical reports and any further documents prescribed by regulation (s 18(4)). If settlement negotiations with the Crown do not conclude within three months (or longer agreed period), the claimant may apply to the court (s 18(5)). Where a claimant lacks capacity and a settlement is proposed involving an application to court for orders, the offender may not be joined to those proceedings (s 18(4a).

Court duties and powers. The court decides quantum subject to statutory rules: it may order compensation to victims or dependants, grief payments up to $20,000 (indexed) (s 20(1)(c)), funeral expenses limited to actual expenses or $14,000 (indexed) whichever is less (s 20(1)(d)), and must apply the financial loss, non‑financial loss numeric scale and caps (s 20(3)). The court must consider victim conduct that contributed to the offence or injury (s 20(4)), and may refuse awards in particular cases where the claimant was engaged in indictable offending or failed to cooperate without good reason (s 20(5)-(7)). The court may also require medical examinations and stay proceedings until they are completed (s 21(3)-(4)).

Attorney‑General duties and discretions. The Attorney‑General must satisfy a statutory compensation order within 28 days of lodgement or the finalisation of appeals (s 27(1)). The Attorney‑General has a discretion to decline or reduce payments where the claimant has other payments, with guidance on reductions and consideration for non‑economic loss (s 27(2)-(3)). The Attorney‑General has absolute discretion to make interim payments to claimants in necessitous circumstances and to make a range of ex gratia payments within prescribed limits and circumstances (s 27(4)). Decisions in the exercise of discretion under s 27 cannot be challenged in court (s 27(5)).

Recovery duties and rights. Following payment, the Attorney‑General is subrogated to claim rights against offenders and insurers and may bring third party or separate proceedings (s 28(1)-(2)). If the offender was a party to the compensation proceedings, the Attorney‑General may file a certificate of amount paid and obtain judgment against the offender (s 28(3)). The Act provides enforcement powers via the Chief Recovery Officer using the Fines Enforcement and Debt Recovery Act 2017 machinery, with certain exceptions and constraints (s 28(7)-(10)).

Evidence and proof obligations. Section 22 requires that an order for statutory compensation may not be made (except with Crown consent) unless the commission of the offence has been admitted or proved beyond reasonable doubt in court proceedings, admitted in statutory proceedings related to the offence or reasonably inferred from admissions, and other facts proved on the balance of probabilities (s 22(2)). If no person has been brought to trial, the claimant’s evidence is insufficient unless materially corroborated (s 22(3)).

Levy and Fund duties. The Act imposes a levy on convicted persons and those who expiate offences for the purpose of funding the Victims of Crime Fund (s 32(1)-(2)). The levy amount is fixed by regulation and may vary by offence characteristics (s 32(4)-(5)), must be shown on expiation notices and conviction records (s 32(6)-(7)) and is recoverable under sentencing machinery (s 32(7)(c)) and may be recovered by issuing authorities or the Chief Recovery Officer prior to it becoming payable (s 32(8)).

Administrative duties. The Crown Solicitor must accept initial applications (s 18(3)) and may disclose offender whereabouts to a victim to facilitate service despite other laws (s 34A). The Commissioner must report annually (s 16F(1)), and the administrative unit responsible to the Attorney‑General must also report annually on the Act’s operation (s 36).

Financial and costs limitations. Legal costs in proceedings under this Act are capped by regulation (s 25(1)(a)-(b)); disbursement recovery is regulated (s 25(2)). The court may make costs orders as it thinks fit (s 20(11)).

The Act therefore creates a web of statutory duties: information and protective duties owed to victims, procedural duties for applicants and the Crown Solicitor, adjudicative duties for the court when awarding compensation, prosecutorial and administrative discretions for the Attorney‑General and enforcement duties for recovery officers.

Statutory penalties. The text contains a narrow penal sanction: a maximum penalty of $1,250 applies to a claimant’s failure to notify the Attorney‑General in writing within 30 days of being paid compensation or damages by another source where the matter affects recovery by the Attorney‑General (s 29(3)). That is the only expressly‑stated criminal or monetary sanction within the Act’s body.

Enforcement of compensation payments. Primary enforcement of compensation orders is administrative: the Attorney‑General must satisfy an order within 28 days after lodgement or finalisation of appeals (s 27(1)). If the Attorney‑General has paid statutory compensation, the Crown is subrogated to the claimant’s rights against the offender and any insurer or third party (s 28(1)). Where the offender was party to the compensation proceedings, the Attorney‑General can file a certificate in the court certifying the amount paid and the claimant’s costs and judgment must be entered in favour of the Crown against the offender for that amount (s 28(3)). In cases where proceedings were settled without the offender as party, the Attorney‑General may file a certificate and apply for summary judgment against the offender; the court must enter summary judgment unless the offender shows good reason within one month (s 28(5)-(6)).

Recovery agency powers. Judgments that give rise to a debt to the Crown enable the Chief Recovery Officer to take enforcement action using powers under the Fines Enforcement and Debt Recovery Act 2017 as if the debt were an expiation amount subject to an enforcement determination (s 28(7)). There are express limitations on the Chief Recovery Officer when acting under this section: no community service arrangements, and waivers under particular sections require Attorney‑General approval (s 28(8)). Certain provisions of the Fines Enforcement Act do not apply or apply differently to debts recovered under this section (s 28(9)-(10)).

Levy enforcement. The levy imposed under s 32 is recoverable under the Sentencing Act 2017 (s 32(7)(c)). Issuing authorities or the Chief Recovery Officer may recover a levy before it officially becomes payable under the Act (s 32(8)). For expiation cases, the levy must be shown on the expiation notice (s 32(6)). The Act permits a court to exonerate defendants under 18 from the levy at the time of conviction or sentencing (s 32(3a)).

Appeals and review. Parties to proceedings may appeal to the Court of Appeal against any final order made by the District Court in proceedings under the Act subject to the Supreme Court rules (s 24(1)). If a compensation order was made by consent of the Crown, the offender is precluded from appealing against that order (s 24(2)); but note the Act allows recovery procedures against offenders after Crown consent settlements (s 28(5)-(6)), and where the offender was not party to the settlement the offender has a month to apply to set aside or vary judgment entered under s 28(4).

Non‑justiciability. The Act expressly limits judicial review of certain executive decisions. A decision by the Attorney‑General in the exercise of a discretion under s 27 (payment discretion) cannot be challenged or called in question before any court (s 27(5)). Similarly, the Attorney‑General’s decisions under s 31 to make payments from the Fund are non‑justiciable (s 31(3)). These provisions remove judicial oversight of particular fiscal and discretionary acts by the Attorney‑General.

Procedural enforcement in court. Courts have a series of enforcement and procedural powers in compensation proceedings: ordering claimants to submit to medical examination at the Crown’s or offender’s expense (s 21(1)-(3)), staying proceedings until exams complete (s 21(4)), requiring parties to exchange medical reports (s 21(5)), and making costs orders (s 20(11)). The court must observe the statutory calculation rules and caps when awarding compensation (s 20(3)).

Administrative oversight. The Commissioner’s remedial power is administrative and reputational: the Commissioner can require consultation and, where an agency has failed to comply with Part 2 in practicable circumstances and has not remedied that failure, may recommend the agency issue a written apology and must provide the victim with a copy (s 16A(1)-(3)). The Commissioner reports annually listing notices given under s 16A(2) (s 16A(4)).

Disclosure exceptions. The Crown Solicitor may disclose, despite other law, information the Crown Solicitor has relating to an offender’s whereabouts or means of contacting an offender for the purpose of facilitating service of documents on the offender by or on behalf of the victim (s 34A). This is a targeted exception facilitating claimant action.

In summary, enforcement mixes judicial orders, administrative payment fulfilment by the Attorney‑General, statutory recovery and enforcement powers for the Crown, capped penalties for specific failures by claimants, and non‑justiciable discretions in relation to certain payments from the Attorney‑General and the Fund.

The Act is full of cross‑references and operates alongside several other South Australian Acts and Commonwealth law, as recorded in the source. Those interactions determine procedural access, evidentiary prerequisites and enforcement pathways.

Evidence and criminal proceedings. The Act ties its compensation power to criminal proceedings and statutory admissions. Section 22(2) requires that the commission of the offence be admitted or proved beyond reasonable doubt in court proceedings, admitted in statutory proceedings related to the offence, or reasonably inferred from admissions, before an order for statutory compensation may be made (except by Crown consent). The Evidence Act 1929 and its provisions for vulnerable witnesses are referred to in notes (s 9B note and s 14 note) and inform courtroom protections. The Sentencing Act 2017 is cited in a note to s 10 as providing a mechanism for victims to have the impact of the offence considered at sentencing; the prosecutor has duties under that Act to place details of injury, loss or damage before the court (s 10 notes).

Bail. The Bail Act 1985 is referenced in the note to s 7: a bail authority must give primary consideration to the need that a victim may have or perceive for physical protection from an applicant in deciding whether to grant bail (s 7 note). The Act imposes duties on police and Crown representatives to bring victims’ perceived need for protection to the bail authority (s 7).

Return to Work Act and motor vehicle insurance. The Act excludes claimants who have received or are entitled to Return to Work Act 2014 payments for the same harm (s 17(5)(b)) and treats statutory compensation as not giving rise to recovery rights under the Return to Work Act where both payments are made (s 17(6)). It also excludes injuries arising from motor vehicle use where compulsory third‑party insurance applies (s 17(5)(c)). That creates a nexus between statutory compensation availability and workers’ compensation and motor vehicle statutory schemes.

Expiation and fines machinery. The Expiation of Offences Act 1996 is implicated by s 32 which imposes a levy on persons who expiate an offence; the levy must be shown on the expiation notice (s 32(6)). The Fines Enforcement and Debt Recovery Act 2017 is referenced in connection with recovery powers for Crown debts arising from statutory compensation judgments; the Chief Recovery Officer may act using those powers (s 28(7)-(10)). The Sentencing Act 2017 is also referenced for recovery of levies imposed on convicted persons (s 32(7)(c)).

Administrative law, delegation and independence. The Commissioner’s independence is protected by s 16E(1), but the Attorney‑General may, after consultation, give directions or furnish guidelines to the Commissioner (s 16E(2)) which must be published in the Gazette and tabled in Parliament (s 16E(3)(a)-(b)). Delegation mechanisms are created at both the Commissioner level (s 16D) and the Attorney‑General level (s 35) with statutory constraints: a delegation cannot be made of the Attorney‑General’s power to decline or reduce compensation under s 27(2) (s 35(3)).

Regulations and indexation. The Act contemplates regulations under s 37 for procedures, costs caps and the levy amount and variations (s 25(1)-(2), s 32(4)-(5)). The CPI indexation mechanism set out in s 4(2) references the Australian Bureau of Statistics Adelaide CPI and prescribes annual adjustments from 1 January 2016.

Other South Australian Acts amended and referenced. The legislative history identifies a set of Acts earlier amended by the principal Act (e.g., Correctional Services Act 1982, Criminal Assets Confiscation Act 1996, District Court Act 1991, Expiation of Offences Act 1996, Stamp Duties Act 1923) and later amendments that altered the Act’s operation (see Legislative history). Specific references within the body of the Act mention the Young Offenders Act 1993 (s 8 note and s 4 definition of custody), Criminal Law Consolidation Act 1935 Part 8A (s 4 definition of custody and s 8(1)(ga) cross reference to supervision orders), and Correctional Services Act 1982 (s 10 note for Parole Board submissions).

Non‑exclusivity of rights. Section 33 makes explicit that the Act does not exclude or derogate from rights to damages or compensation that exist apart from the Act, thereby leaving common law and other statutory remedies available outside the Act’s scheme (s 33).

Practical consequences. These cross‑references mean that claimants and practitioners must navigate criminal evidence and sentencing regimes to satisfy s 22, understand whether other statutory payments (Return to Work, motor vehicle indemnities, insurance) operate to exclude or reduce statutory compensation eligibility or amount (s 17, s 27), and be alert to enforcement and recovery mechanisms under fine enforcement and sentencing legislation (s 28, s 32). The Attorney‑General’s powers to make ex gratia payments can interact with out‑of‑state compensation options under s 27(4)(d) where an offence occurred outside the State.

The source contains a legislative history table listing the principal Act and subsequent amending Acts with dates of assent and commencement, and a provision‑level table showing how specific sections were varied. Key legislative milestones recorded in the Act text are the following.

Enactment and commencement. The Victims of Crime Act 2001 (No 58 of 2001) received assent on 15 November 2001 and commenced 1 January 2003 (Gazette 19.12.2002 p4736).

Domestic partners and definitions. The Statutes Amendment (Domestic Partners) Act 2006 (No 43 of 2006), assented 14 December 2006 and commencing piecewise (Pt 92 began 1 June 2007), amended definitions such as “dependants”, added “domestic partner” and modified “immediate family” (Legislative history entries under s 4 and s 17 references).

Commissioner and advisory committee. The Victims of Crime (Commissioner for Victims' Rights) Amendment Act 2007 (No 47/2007), assented 8 November 2007, inserted the Commissioner role (ss 16 and ss 16A-16F) and revised Part 3; those amendments commenced 17 July 2008 (Gazette 17.7.2008 p3373), replacing an earlier Part 3.

Broad victims’ rights amendments. The Statutes Amendment (Victims of Crime) Act 2007 (No 48/2007), also assented 8 November 2007 and commencing 17 July 2008 (Gazette 17.7.2008 p3372), amended multiple provisions in Part 2 and elsewhere, including substitution of ss 7 and 8 and insertion of ss 9A-9B concerning consultation and presence in court.

Compensation scheme reforms. The Statutes Amendment (Victims of Crime) Act 2009 (No 79/2009) made changes effective 19 September 2010 (Gazette 16.9.2010 p4868), including insertion of s 20(5a) and amendments relating to homicide and related provisions noted in s 17 and s 20 annotations.

Fines enforcement and recovery adjustments. The Statutes Amendment (Fines Enforcement and Recovery) Act 2013 (No 31/2013) made amendments commencing 3 February 2014 (Gazette 30.1.2014 p422), affecting s 28 and recovery powers and inserting paragraphs later referenced in 2017 amendments.

Vulnerable witnesses and indexation. The Statutes Amendment (Vulnerable Witnesses) Act 2015 (No 16/2015), assented 6 August 2015, amended s 6 and other provisions and has a commencement note (1 July 2016) in the provision table.

Compensation amendment 2016. Victims of Crime (Compensation) Amendment Act 2016 (No 8/2016) has complex entries: the principal Act’s s 20 rules on compensation amounts and caps were reworked (see s 20 amendments), CPI provisions were added to s 4(2), and Sch a1 (numerical mapping for non‑financial loss) was inserted by s 15 of 8/2016 effective 1 July 2015. The legislative history lists numerous clause‑level substitutions effected by that Act commencing 1 July 2015 (and s 11 of that Act commenced 17 March 2016 in a specific amendment).

Courts and sentencing interaction. The Statutes Amendment (Sentencing) Act 2017 (No 53/2017) amended parts of s 10 to tie rights to the Sentencing Act 2017, with commencement 30 April 2018 (Gazette 6.2.2018 p612).

Fines Enforcement and Debt Recovery Act 2017. The Fines Enforcement and Debt Recovery Act 2017 (No 71/2017) made consequential amendments to s 28 in 2017, commencing 30 April 2018 (Gazette 6.2.2018 p609), adjusting machinery for Crown recovery via the Chief Recovery Officer.

Offender service and joinder amendments 2019. The Victims of Crime (Offender Service and Joinder) Amendment Act 2019 (No 15/2019), assented 11 July 2019 and commencing 2 September 2019 (Gazette 22.8.2019 p3106), made changes to s 18(4) (deleted a paragraph) and s 19(3) relating to joinder , reflected in the provisions amended list.

Court of Appeal amendments 2019. Supreme Court (Court of Appeal) Amendment Act 2019 (No 45/2019), assented 19 December 2019 and commencing 1 January 2021 for Sch 1 cl 87, amended s 24(1) and s 24(3).

Recent amendments 2024. Statutes Amendment (Victims of Crime) Act 2024 (No 59/2024), assented 5 December 2024, has Pt 3 (ss 5 & 6) commencing 1 April 2025 (Gazette 27.3.2025 p530). The provision table shows specific sections amended by 59/2024 such as s 18(2) (amended by s 6 of 59/2024) and insertion of s 9C by s 5 of 59/2024, both with effect 1 April 2025. The Act’s headnote indicates s 9C (victim to be informed about right to have impact considered by sentencing court) was inserted and s 18(2) initial application periods were amended by that 2024 Act.

Repeal and transition. Schedule 1 repealed the Criminal Injuries Compensation Act 1978 and provides transitional rules (Schedule 1, cl 1-3). It preserved existing claims under the repealed Act for injuries from offences before commencement and made Part 5 of the new Act apply to orders where compensation had not been paid under the old Act (Schedule 1 cl 2).

Regulatory authority. Section 37 authorises the Governor to make regulations and the provision table indicates that regulations under the Act have been used to implement cost caps and operational details (for example, costs caps per s 25).

The legislative history therefore shows iterative reform focused on expanding victim rights, inserting the Commissioner role, recalibrating the compensation caps and indexation, and adjusting recovery and enforcement tools to align with fines enforcement machinery.

The source text contains no cases or judicial decisions. It does, however, set out the procedural and appellate framework that shapes litigation under the Act and provides mechanisms by which litigation is pursued or avoided.

Appeal routes and standing. A party to proceedings under the Act may appeal to the Court of Appeal under s 24(1) subject to Supreme Court rules. The Court of Appeal’s powers are standard appellate powers: dismiss, quash and substitute, vary, remit for rehearing and make ancillary orders including costs (s 24(3)). Where the Crown consents to an order for compensation, the offender is precluded from appealing against that order (s 24(2)), which can materially limit the offender’s appellate remedies in consent settlement cases.

Evidentiary prerequisites for awards. Section 22 materially shapes litigation strategy. Except with Crown consent, a court may not make an order for statutory compensation unless the commission of the offence has been admitted or proved beyond reasonable doubt in court proceedings, admitted in related statutory proceedings, or can be reasonably inferred from admissions in such proceedings, and other facts proved on the balance of probabilities (s 22(2)). If no person has been charged or brought to trial, a claimant’s evidence alone is insufficient unless there is corroborative support in a material particular (s 22(3)). Those rules mean that, in litigation, the criminal record, admissions and related statutory proceedings materially determine whether a compensation hearing can proceed and the evidence required.

Joinder and parties. The Act generally requires the offender to be a party to compensation proceedings in court (s 19(1)), and requires the claimant to serve the offender (s 19(2)), subject to exceptions where the offender’s identity is unknown or the court grants an exemption from service (s 19(3)(a)-(b)). The 2019 amendment (Victims of Crime (Offender Service and Joinder) Amendment Act 2019) modified s 19(3) (as reflected in the provision table), indicating legislative attention to joinder/serving mechanics , a procedural area likely to generate litigation in practice, although no cases are cited in the Act.

Recovery litigation by the Crown. The Act expressly anticipates post‑award enforcement litigation: if the offender was a party, the Attorney‑General may file a certificate and judgment must be entered in favour of the Crown for the amount certified (s 28(3)). If the offender was not a party or the claim was settled without court proceedings, the Attorney‑General may apply for summary judgment under s 28(5) and summary judgment is to be entered unless the offender shows good reason within one month under s 28(6). These provisions create an expedited statutory path for Crown recovery and a short window for offenders to contest such judgments.

Non‑justiciability and review. Section 27(5) provides that a decision by the Attorney‑General in exercising a discretion under s 27 (declining or reducing payment or making interim/ex gratia payments) “cannot be challenged or called in question before any court”. Section 31(3) contains the same bar for Attorney‑General decisions about payments from the Fund. Those clauses limit judicial review in relation to those discretions, narrowing the scope for litigation challenging executive payment decisions.

Costs and recovery litigation. Section 25 caps costs in proceedings under the Act by regulation and restricts recovery of disbursements to the regime set by regulation (s 25). The capped costs regime may generate challenges if practitioners or parties seek higher fees or dispute recoverable disbursements, but the Act places those limits in statute and delegates detailed rates to regulations.

Medical examinations and stays. Courts may order claimants to submit to medical examinations and may stay compensation proceedings until examinations are completed (s 21(3)-(4)). That power can interrupt litigation timetables and gives rise to interlocutory applications in practice.

Where litigation has occurred under this Act in the courts, such decisions are not recorded in the Act text. Practitioners should therefore consult court databases for case law interpreting s 22 evidentiary prerequisites, the operation of the financial caps in s 20, the duties under s 5(4) and s 16A, and the interaction with other Acts cited in the legislation. The Act itself anticipates appellate review (s 24) and creates specific, expedited enforcement remedies for the Crown (s 28(3)-(6)), as well as specific bars on judicial review for particular executive discretions (s 27(5), s 31(3)), which collectively shape the possible litigation landscape.

The Act contains a number of practical traps and legal‑technical features that can catch claimants, agencies and advisers unaware. These are grounded in express text and procedural mechanics.

Non‑justiciable principles. The Part 2 principles are emphatically non‑enforceable in court and do not give a right to damages (s 5(3)). Although public agencies are “required to have regard” to the principles (s 5(4)), a breach of those administrative duties does not, by itself, generate a civil claim for damages under this Act. Practitioners should not treat Part 2 as a source of private causes of action.

Evidentiary gatekeeping. Except where the Crown consents, the court cannot make an order unless the offence has been admitted or proved beyond reasonable doubt in proceedings before a court, or admitted in statutory proceedings related to the offence, or can be inferred from such admissions (s 22(2)). If no one has been brought to trial, a claimant’s uncorroborated evidence is insufficient (s 22(3)). That means compensation claims are tightly bound to criminal process; where a prosecution fails to proceed, claimants risk being denied court awards unless corroboration or Crown consent exists.

Time limits and negotiation periods. The initial application period is five years from the commission of the offence or five years from date of death (s 18(2)). Applications must initially be lodged with the Crown Solicitor (s 18(3)). If the Crown Solicitor and claimant do not settle within three months (or an agreed longer period), the claimant may apply to the court, but must do so before the end of the initial application period or within six months after the negotiation period ends, whichever is later (s 18(5)-(6)). Missing these windows or failing to agree an extension can bar court access.

Capped quantum and arithmetic rules. Compensation awards are bounded by statutory arithmetic. For financial loss the formula is $2,000 plus three‑quarters of the excess above that sum (s 20(3)(a)(i)). Non‑financial loss is assigned a numerical value 0-60 and mapped to Schedule a1 amounts (s 20(3)(a)(ii)). Aggregate awards are capped at $100,000 indexed for most claims (s 20(3)(a)(iii)), and grief awards are separately capped at $20,000 (indexed) (s 20(1)(c)). These mechanics can produce counterintuitive outcomes: a high financial loss claim may encounter the three‑quarters rule and the aggregate cap; advisers must model quantum carefully.

Offset and exclusion rules. The Attorney‑General can decline or reduce payments where other payments have been made, with guidance to preserve up to $10,000 (indexed) for non‑economic loss deficiency in some cases (s 27(2)-(3)). Moreover, s 17(5) excludes claims arising from employer statutory breaches in employment, from Return to Work Act payments that cover the same harm, from motor vehicle insurance scenarios where the harm falls within compulsory CTP schemes, and limits prisoner claims for psychological injury. Practitioners must check other statutory entitlements and insurance before lodging claims.

Attorney‑General discretions are non‑reviewable. Section 27(5) and s 31(3) make certain Attorney‑General decisions immune from judicial challenge. That reduces avenues for review where the Attorney‑General exercises reduction or ex gratia payment discretions. Treat policy and discretionary advocacy to the Attorney‑General as the operative remedy, not litigation.

Joinder and service complexities. The offender is generally to be joined as party to court proceedings and must be served (s 19). However, if the offender’s identity is unknown, or the court exempts service, the offender need not be joined (s 19(3)(a)-(b)). Section 18(4a) prevents joinder of offenders in certain applications involving claimants without capacity where settlement is proposed and an application for court orders is made. These service/joinder rules can affect recovery prospects and the Crown’s ability to file certificates for judgment under s 28.

Recovery and enforcement. After payment by the Attorney‑General, the Crown is subrogated and can obtain judgment via certificate if the offender was a party (s 28(3)) or summary judgment if the offender was not a party (s 28(5)). Offenders have a limited window of one month to apply to set aside or vary judgment where settlement occurred without their participation (s 28(4)). For practitioners defending or advising offenders, that one‑month window is narrow.

Costs caps and regulation. Section 25 caps legal costs recoverable in proceedings under the Act, tied to regulations. Practitioners must verify current regulatory rates because costs cannot exceed prescribed amounts plus GST by statute (s 25(1)). Charging or seeking amounts above the statutory/regulatory cap is prohibited.

Indexation mechanics. Amounts labelled “(indexed)” are adjusted by CPI per s 4(2). The mechanism references the Adelaide CPI for the September quarter of the immediately preceding year and requires rounding to nearest dollar. The indexing process can affect calculation timing and quantum, and the Act prescribes the computational methodology, not ad hoc adjustments.

Privacy and disclosure exceptions. While the Act protects victim privacy (s 14), it also permits the Crown Solicitor to disclose offender whereabouts or contact information to a victim to facilitate service despite other laws (s 34A). Agencies must balance privacy obligations against this disclosure power.

Levy complexity. The levy is imposed on convicted persons and those who expiate offences (s 32(2)), must be shown on expiation notices (s 32(6)) and recorded on conviction records (s 32(7)(a)). The amount is set by regulation and may vary by factors including whether the offender is an adult and whether the offence was expiated (s 32(5)). The court may not reduce the levy at sentencing except for defendants under 18 who may be exonerated (s 32(3a)). This makes the levy an additional cost to offenders that recovery machinery can enforce.

Interplay with other statutory compensation sources. The Act does not exclude other damages rights (s 33). But where claimants receive compensation elsewhere, the Attorney‑General can reduce statutory compensation and subrogation may create subsequent litigation between Crown and insurers. Practitioners should coordinate claims to prevent clawbacks under s 29.

Subtle statutory interactions, tightly drawn evidentiary prerequisites, non‑reviewable discretionary powers and a statutory recovery and levy regime make procedural planning and careful timing critical for claimants and respondents.

For victims and claimants

1. Identify eligibility promptly. Confirm the claimant is an “immediate victim” as defined in s 4(1) and that one of the conditions in s 17(1) applies (violence/threat, reasonable apprehension of imminent harm, sexual offence, death or physical injury). For grief, dependants, funeral expenses and dependants’ financial loss consult ss 17(2)-(4).

2. Check exclusions and other entitlements. Before applying, verify whether the injury arises from a statutory employment breach, Return to Work Act payments, motor vehicle CTP insurance coverage or, for prisoners, whether psychological injury claims are excluded (s 17(5)). If other compensation/damages are payable, be prepared for potential reduction under s 27(2) and the Attorney‑General’s subrogation rights under s 28.

3. Prepare and lodge an application with the Crown Solicitor within time. Applications must be made in the first instance to the Crown Solicitor (s 18(3)) within five years of the offence or death (s 18(2)). Ensure the application contains the information required by regulation, is accompanied by medical reports “in the possession of, or accessible to, the claimant” and any further documents required (s 18(4)(a)(i)-(iii)), and is verified by statutory declaration (s 18(4)(b)).

4. Preserve corroboration and criminal proceedings evidence. Because s 22(2) requires the commission of the offence to be admitted or proved beyond reasonable doubt (except with Crown consent),