Victims of Crime (Statutory Compensation) Regulations 2019

The regulations pivot on a small set of interlocking concepts which determine evidentiary and cost outcomes for claims under the Act. These concepts are defined in the regulations themselves or by express reference to other instruments.

Definitions and cross‑references

• Act. The regulations consistently define Act as the Victims of Crime Act 2001 (reg 3).
• Health professions. The terms medical practitioner, dentist, specialist health practitioner and allied health practitioner operate by reference to the Health Practitioner Regulation National Law (reg 3). This ties the evidentiary weight and classification of medical reports to the national registration framework.
• Disability. For the Schedule 2 definition of disability, the regulations adopt the meaning in the District Court Civil Rules 2006 as in force at the commencement of the Schedule (Schedule 2 cl 1).

Claim types

• Limited claim. A limited claim is a statutory compensation claim restricted to grief in consequence of homicide (s 17(2) of the Act) and/or funeral expenses (s 17(4) of the Act). The definition appears in reg 3 and Schedule 1 treats limited claims differently, including a reduced solicitor fee in Schedule 2 (reg 3; Schedule 2 cl 2(1)(a)).
• Related claim. Related claims occur where the same legal practitioner represents more than one victim of an offence or series of offences and thus affects recoverable solicitor costs: the first related claim attracts the higher amount, later related claims attract a reduced prescribed amount (reg 3; Schedule 2 cl 2(1)(c)).
• Series of offences. Defined as consecutive offences by one offender, simultaneous/consecutive offences by offenders acting in concert, or offences constituting a single incident. The definition determines when multiple victims may be treated as related claims (reg 3).

Evidentiary constructs

• Hospital report. Defined broadly to include a hospital medical personnel report, the whole hospital record, or the written summary supplied on discharge (reg 3). Schedule 1 requires either a hospital report (up to 20 pages) or a GP/dentist report for non‑limited claims (Schedule 1 cl 8).
• Formulated claim. For non‑limited applications, claimants must set out a formulated claim specifying points claimed for non‑financial loss and separate amounts for closed past loss of earnings, loss of earning capacity and special damages, and list amounts received or likely to be received from offenders, insurers or other sources (Schedule 1 cl 5).

Cost recovery and gatekeeping

• Prescribed amounts. Schedule 2 fixes indexed dollar amounts for solicitor and counsel costs and appeals (Schedule 2 cls 2, 3, 3A).
• Recoverable reports and pre‑approval. Schedule 2 clause 4 sets rules for recoverability of disbursements. Hospital reports over 20 pages, specialist reports, allied health practitioner reports and other reports are recoverable only with prior Crown Solicitor agreement or court satisfaction that the report is necessary. The regulations list specific factors the Crown Solicitor must weigh in deciding whether to approve an allied health practitioner's report (Schedule 2 cl 4(3)(c)(i)(A)‑(H)).

Procedural protections and notes

• Non-negligence protection. Clause 6 records that reliance on a report obtained under the regulations absolves a legal practitioner from being treated as negligent for doing so.
• Links to Act. The regulations are declaratively tied to particular Act sections. Clause 4 implements information and document provisions referenced at s 18(4) of the Act; Schedule 2 implements s 25(1); Schedule 1 cl 5 cross‑references s 20(3)(a)(ii) for points for non‑financial loss; and notes to Schedule 1 point to s 20(7) of the Act regarding failure to report to police and the potential for refusal.

Operational consequence The regulations convert statutory terms in the Act into concrete documentary and cost requirements. They make recoverability of significant medical and specialist expert costs contingent on administrative or judicial permission, and they convert solicitor and counsel recovery into prescribed flat, indexed amounts unless court certification of disbursements occurs. The definitions of limited and related claims channel particular application and fee outcomes. The regulations therefore shape incentives for claimants, legal advisers, medical providers and the Crown Solicitor in how claims are prepared, what evidence is commissioned and how disputes over costs are resolved.

The regulations allocate duties and financial entitlements across a defined set of actors: claimants and victims, legal practitioners, the Crown Solicitor, courts, medical and allied health providers, employers and insurers. The direction of impacts and the decision points are discernible from the text.

Claimants and victims

• Primary obligations. Claimants must supply detailed personal and incident particulars (Schedule 1 Part 1). Claimants pursuing non‑limited claims must include extensive medical evidence, a formulated claim with an itemised account of non‑financial loss points and financial claims, and documentary proof of amounts received or likely to be received from other sources (Schedule 1 cls 4 and 5).
• Documentary burden. For claims of loss of earning capacity, claimants must attach income tax returns for the five years prior to the offence year, the offence year, and each later financial year (Schedule 1 cl 10(3)). Claimants relying on a relational link to a deceased victim must provide documentation confirming the relationship (Schedule 1 cl 7).

Legal practitioners

• Fee entitlements constrained. Schedule 2 prescribes fixed, indexed amounts recoverable for solicitor work depending on claim type: limited claim with known offender and agreed compensation $700; non‑limited/non‑related claims $1,400; related claims attract $1,400 for the first claim and $1,100 for each subsequent related claim (Schedule 2 cl 2(1)). Counsel costs are prescribed for preparatory work and the first 5 hearing hours and at an hourly rate thereafter (Schedule 2 cl 3). These fixed amounts determine the revenue a legal practitioner may recover from a settled claim or court order under s 25(1) of the Act (cl 5).
• Disbursement recovery conditional. Legal practitioners may recover disbursements certified by the court if an application is made to court, or certified by the Crown Solicitor if settled without application, but many categories of reports require prior Crown Solicitor approval or court satisfaction (Schedule 2 cl 4).
• Liability shield. Clause 6 protects legal practitioners from being taken as negligent for relying on reports obtained under these regulations when advising on claims.

Crown Solicitor and courts

• Gatekeepers of recovery. The Crown Solicitor certifies recoverable disbursements where settlement occurs without a court application; the Crown Solicitor also provides prior agreement for recovery of certain reports and must consider enumerated factors in that decision (Schedule 2 cl 4(1)(b), 4(3)). Where an application is made to the court, the court certifies disbursements and can be satisfied that additional reports are necessary (Schedule 2 cl 4(1)(a), 4(3)).
• Administrative discretion. The Crown Solicitor’s prior agreement is a statutory precondition for recoverability of many reports, placing discretionary administrative control over which expert costs a practitioner may ultimately reclaim.

Medical, dental and allied health practitioners

• Report demand. The regulations structure demand for hospital summaries, GP or dentist reports, specialist reports and allied health practitioner reports. Hospital reports up to 20 pages are explicitly recoverable (Schedule 1 cl 8; Schedule 2 cl 4(2)(a)); longer hospital records require prior Crown or court agreement (Schedule 2 cl 4(3)(a)).
• Independence concerns. The Crown Solicitor must consider whether a proposed allied health practitioner report may compromise or give the appearance of compromising independence or reliability (Schedule 2 cl 4(3)(c)(i)(H)).

Employers and insurers

• Source documentation. Employers and employers’ insurers may be called on to provide letters confirming periods of lost earnings and amounts lost, which the claimant must attach for past loss of earnings claims (Schedule 1 cl 10(1)(a)). Claimants must also provide documents relating to amounts received from insurers or other sources (Schedule 1 cl 11).

Courts

• Certification and judicial assessment. Where an application for statutory compensation is made to the court, the court certifies reasonable disbursements and may be called on to determine whether particular expert reports are necessary or whether longer hospital records are required (Schedule 2 cl 4(1)(a), 4(3)(a)(ii), 4(3)(b)(ii), 4(3)(c)(ii)).

Who pays

• Fee recovery mechanics. The Act provides the mechanism for recovery; the regulations set the amounts and the certification paths. Recoverability depends on whether the matter is litigated in court or settled with Crown Solicitor involvement. For non‑certified reports and disbursements, practitioners may incur unrecoverable costs.

Geographic and access considerations

• Rural and remote implications. The requirement for certified identification and specific types of medical reports may create greater logistical burdens for claimants in rural and remote areas where access to certifying officers, medical records, and specialists is less immediate. The Crown Solicitor’s role also centralises approval functions in an executive office which may be resourced concentratively.

In sum, the regulations allocate documentary responsibilities to claimants, prescribe capped fee recoveries for practitioners, and create administrative gatekeeping through the Crown Solicitor and the courts for high‑cost medical and expert reports. These allocations affect incentives for claim filing, the choice to litigate versus settle, and the use of expert evidence.

The regulations establish a series of mandatory duties for claimants and conditions and rights concerning recoverable legal costs and disbursements for legal practitioners. The duties flow from Schedule 1 items and the right to recover specified costs flows from Schedule 2, subject to administrative and judicial conditions.

Claimant duties (documentary and informational)

• Include specified information. Under reg 4(1) and Schedule 1 Part 1, an application must include claimant and victim identity details, date/time/place of the offence, the nature of the offence and surrounding details, when and where the offence was reported to police or reasons for non‑reporting, details of the injury, and, if a claimant relies on relationship to a victim, the nature of the relationship (Schedule 1 cl 1(a)‑(g)).
• Provide offender information. Schedule 1 cl 2 requires the offender name/address (if known), outcome of any prosecution including conviction details and appeals, and whether the claimant gave evidence at trial or reasons why not.
• For funerals and grief claims. Limited claims for funeral expenses must include an itemised list of funeral expenses (Schedule 1 cl 4(1)).
• Furnish formulated claim. Non‑limited claims must include a formulated claim identifying points for non‑financial loss and separate amounts for closed past loss of earnings, loss of earning capacity and special damages, and must state all amounts received or likely to be received from other sources and steps taken to obtain such payments (Schedule 1 cl 5).
• Supply documentary proof. Schedule 1 Part 2 requires two certified identification documents (one photograph), relationship documentation where relevant, at least one medical report (hospital report up to 20 pages or GP/dentist report) for non‑limited claims, employer or written evidence for past earnings loss, and tax returns for loss of earning capacity claims (Schedule 1 cls 6‑11). Documents about amounts received from other sources must also be provided (Schedule 1 cl 11).

Legal practitioner rights and duties (fees and disbursements)

• Prescribed recoverable fees. For the purposes of s 25(1) of the Act the regulations prescribe indexed amounts recoverable by a solicitor: $700 for limited claims where offender identity is known and compensation agreed, $1,400 for standalone non‑limited claims, and a scale for related claims ($1,400 for the first, $1,100 for additional related claims) (Schedule 2 cl 2(1)). The solicitor may also recover $350 for work on applications to court approving settlement for a person under a disability (Schedule 2 cl 2(2)).
• Counsel fees. Counsel can recover an indexed $1,000 for prep and the first five hours of hearing, $200 for each subsequent hour or part hour, and specified amounts for opinions on settlement of claims by persons under a disability or related claims thereof (Schedule 2 cl 3).
• Disbursement certification and recovery. Where an application is made to the court, disbursements reasonably incurred can be recovered if certified by the court; where the claim is settled without court application, disbursements can be recovered if certified by the Crown Solicitor (Schedule 2 cl 4(1)). Recoverability of certain categories of reports is conditional on Crown Solicitor prior agreement or court satisfaction (Schedule 2 cl 4(3)).

Crown Solicitor and court rights/duties

• Certification authority. The Crown Solicitor certifies reasonable disbursements for settled claims and must provide prior agreement for certain reports before a legal practitioner may recover their cost (Schedule 2 cl 4(1)(b), 4(3)).
• Consideration criteria. When deciding on allied health practitioner reports, the Crown Solicitor must consider specified matters including the nature of injury, qualifications and field of practice of the allied health practitioner, referral by a medical practitioner, whether a GP/dentist report could suffice, estimated cost, whether the allied health report could avoid a costlier report, and independence/reliability concerns (Schedule 2 cl 4(3)(c)(i)(A)‑(H)).

Protective rule for legal practitioners

• Non‑negligence presumption. Clause 6 states that a legal practitioner who relies on a report obtained under these regulations when giving advice about a compensation claim will be taken not to have acted negligently. This is a statutory evidentiary protection for professional advisers using the prescribed reports.

Consequences of non‑compliance

• Refusal under the Act. The regulations themselves do not set administrative fines or criminal penalties. However, the material notes and cross‑references indicate that failure to report an offence within a reasonable time or failure/refusal to give evidence may result in a claim being refused under s 20(7) of the Act. The regulation provisions on required information and documents therefore operate within the Act’s refusal and eligibility framework (Schedule 1 notes; reg 4 note).

Procedural rights not created by the regulations

• The regulations do not create substantive entitlements to compensation; those are in the Act. They create procedural rights to seek recovery of specified costs, subject to certification or prior agreement when the recovery concerns certain categories of reports or where the claim is settled without court process.

In short, the regulations impose a detailed documentary duty on claimants, fix recovery amounts for legal advisers, and create conditional rights to recover higher‑cost disbursements only where the Crown Solicitor or a court certifies necessity. The regulations also provide legal advisers with a statutory protection against negligence claims where they rely on the reports obtained pursuant to the regulations.

The regulations themselves do not create discrete criminal offences or pecuniary penalties for breach. Instead, they operate through two enforcement mechanisms: (1) the Act’s decision and refusal powers, which use compliance with the regulations as one element in entitlement assessment; and (2) judicial and administrative certification of costs and disbursements, which controls recoverability. The regulations also contain a statutory protection for legal practitioners who rely on specified reports.

Refusal or rejection of claims under the Act

• The regulations supply mandatory documentary and informational content for applications for statutory compensation. Failure to meet those requirements may affect entitlement under the Act. The notes in Schedule 1 reference s 20(7) of the Act, which conditions refusal of a claim where the offence was not reported in a reasonable time or where a victim failed or refused to give evidence in a prosecution unless good reason is shown (Schedule 1 notes referring to s 20(7)). The regulations themselves do not specify the decision‑maker for refusal; that remains a function of the Act’s adjudicative provisions and relevant decision‑maker under the Act.

Control of fee recovery

• Certification by the court. If a legal practitioner makes an application to the court, the court may certify disbursements reasonably incurred under the Act and therefore authorise their recovery (Schedule 2 cl 4(1)(a)). The court’s certification is the judicial control mechanism.
• Certification by the Crown Solicitor. Where a claim is settled without a court application, recovery of disbursements depends on certification by the Crown Solicitor (Schedule 2 cl 4(1)(b)). The Crown Solicitor is therefore an administrative gatekeeper for recoverable disbursements in settled matters.

Limits, conditions and pre‑approval

• Prior agreement requirements. Schedule 2 clause 4(3) disallows recovery of the cost of particular reports , hospital reports over 20 pages, specialist reports, allied health practitioner reports and other reports , unless prior agreement of the Crown Solicitor is obtained or the court is satisfied necessity exists. For allied health practitioners and other reports the Crown Solicitor must apply specified factors when deciding whether to give prior agreement (Schedule 2 cl 4(3)(c)(i)(A)‑(H); cl 4(3)(d)(ii)(A)‑(C)).
• Effect of refusal to certify. If certification or prior agreement is not obtained, a legal practitioner may not recover the cost of the report as a disbursement under the Act if that cost is outside the categories automatically recoverable. The regulations make recoverability conditional rather than absolute.

Professional liability and protections

• Non‑negligence provision. Clause 6 provides that a legal practitioner who relies on a report obtained under these regulations for advice about a compensation claim will be taken not to have acted negligently. This provision is a statutory presumption protecting advisers whose conduct conforms with the regulations’ sourcing of reports.

Enforcement gaps and practical enforcement routines

• The regulations do not supply an enforcement penalty schedule. Instead, compliance is enforced by refusal of claims under Act provisions and by refusal to certify costs for recovery. The Crown Solicitor’s certification function thus acts both as cost control and as an enforcement lever: if a practitioner does not obtain the certifications required for recovery, those costs will remain unpaid unless the court later finds them reasonable and certifies them.

Indexation and financial enforcement

• Prescribed amounts are indexed (Schedule 2 cl 2(1) referring to amounts "indexed", cl 3 and cl 3A noting indexing). The regulations do not set the indexation mechanism within the text. Enforcement of the amounts will follow the indexed figures as they apply at the relevant time.

In summary, enforcement in the regulatory scheme is a mix of administrative gatekeeping through Crown Solicitor certification, judicial certification when matters are litigated, and the Act’s own discretionary provisions that permit refusal of compensation where requirements (such as timely police reporting or giving evidence) are not met. The regulations’ primary enforcement effect is thus to condition recoverability and entitlement rather than to create separate punitive provisions.

The regulations are explicitly drafted to operate within and alongside the Victims of Crime Act 2001 and to draw on other statutory instruments to define health professions and related concepts. The text contains direct cross‑references to the Act and to other legislative instruments that determine the scope and application of the regulations’ requirements.

Primary statutory context: Victims of Crime Act 2001

• Implementing Act provisions. Clause 4 expressly states that the information and documents listed in Schedule 1 give effect to the Act’s s 18(4)(a)(i) and (iii). Schedule 1 cl 5 references s 20(3)(a)(ii) of the Act for the allocation of points for non‑financial loss. Schedule 2 is expressly for the purposes of s 25(1) of the Act, which concerns legal costs. The consequential notes in Schedule 1 reference s 20(7) of the Act regarding the effect of non‑reporting to police and failure to give evidence. Therefore these regulations are procedural instruments subordinate to and operationalising the Act. The regulations do not amend eligibility or substantive compensation criteria in the Act; they prescribe how the Act’s processes are to be implemented.

Health profession regulation

• Health Practitioner Regulation National Law. The definitions for medical practitioner, dentist and specialist health practitioner are made with reference to registration under the Health Practitioner Regulation National Law (reg 3). This imports the national registration framework into the evidentiary regime: who counts as a medical practitioner/dentist/specialist for the purpose of reports is determined by that National Law.
• Allied health practitioners. The regulations separate allied health practitioners from dentists and medical practitioners and subject allied health reports to stricter pre‑approval and recoverability criteria (Schedule 2 cl 4(3)(c)). The Crown Solicitor must consider whether the allied health practitioner was referred by a medical practitioner, their qualifications and field, and whether a medical practitioner’s report could suffice.

Court rules and terminology

• District Court Civil Rules 2006. Schedule 2 defines "disability" by reference to the District Court Civil Rules 2006 as in force at commencement. This is a textual cross‑link ensuring that the solicitor cost item for disability matters connects to the court rules’ definition of disability.

Other administrative interactions

• Crown Solicitor. The role of the Crown Solicitor as the certifying authority for disbursements in settled matters creates an administrative intersection between the regulations and the Crown Solicitor’s office’s internal practices and policies. The Crown Solicitor must apply the statutory criteria specified in Schedule 2 when considering prior agreement for reports.

Records and information held by third parties

• Taxation records. Schedule 1 cl 10(3) requires copies of tax returns for loss of earning capacity claims. The regulations note that copies of tax returns may be obtained from the Australian Taxation Office. That creates an interaction with Commonwealth administrative law and ATO procedures for access to tax records.

Impacts on professional regulation and civil procedure

• Evidence sourcing and admissibility. By prescribing that a hospital report up to 20 pages or GP/dentist report is required for non‑limited claims, and by conditioning recoverability of other reports on Crown or court agreement, the regulations influence which types of expert evidence will be produced and used in proceedings. This interacts with court evidentiary principles and professional duties to supply accurate clinical summaries.

What the regulations do not do

• They do not alter the scope of professional disciplinary regimes under the Health Practitioner Regulation National Law. They do not amend the Act’s substantive compensation provisions, nor do they create new offences under the Criminal Code or other Acts.

In sum, the regulations are tightly integrated with the Act and deliberately draw in definitions and procedural concepts from the Health Practitioner Regulation National Law and the District Court Civil Rules 2006. They also depend on operational interaction with the Crown Solicitor and the Australian Taxation Office for document certification and retrieval.

The regulations came into force in 2019 and replaced earlier subordinate legislation. The legislative history in the source lists commencement dates and subsequent variations and identifies revoked regulations.

Original instrument and commencement

• Principal regulations. The Victims of Crime (Statutory Compensation) Regulations 2019 are cited as the Victims of Crime (Statutory Compensation) Regulations 2019 (r 1). The legislative history records No 193 (Gazette 25.7.2019 p2843) and that r 2 commenced 25 July 2019 (Legislative history entries). The principal regulations revoked the Victims of Crime (Statutory Compensation) Regulations 2004 (Legislation revoked by principal regulations).

Subsequent variations

• Instrument 203/2019. Gazette 22.8.2019 p3109; the amendment took effect 2 September 2019. The legislative history notes that r 4(3) was deleted by 203/2019 r 4 on 2.9.2019 and that Schedule 1 cl 2(d) was deleted by the same instrument (Sch 1 cl 2(d) deleted by 203/2019 r 5).
• Instrument 31/2023. Gazette 11.5.2023 p937; the amendment took effect 11 May 2023. The legislative history records multiple edits: Schedule 1 cl 3 deleted by 31/2023 r 3(1); Schedule 1 cl 6 substituted by 31/2023 r 3(2); Schedule 1 cl 9 deleted by 31/2023 r 3(3). These changes show targeted updates to Schedule 1 clause numbering and content (Sch 1 cl 3 deleted; cl 6 substituted; cl 9 deleted).

Other legislative revision housekeeping

• Omitted provisions under the Legislation Revision and Publication Act 2002. The legislative history also notes that r 2 was omitted under that Act on 2.9.2019, and Sch 3 was omitted under the same Act on 2.9.2019. This is a procedural update to the published text rather than a policy change.

Effect of amendments

• The variation entries indicate the regulations have been revised since initial commencement to refine or remove particular schedule items and clauses. The specific content changes are reflected in the main body where clauses deleted or substituted are no longer present in the current consolidated text, for example the current Schedule 1 contains requirements as revised in 2023 (Schedule 1 cl 6 substituted).

Notes on currency

• The legislative history includes a general note that references to other legislation or instrument titles may not be automatically updated and may be obsolete, and that earlier versions (historical versions) are listed at the end of the legislative history. Those notes indicate that practitioners should check the consolidated and current text on the legislation.sa.gov.au site for up‑to‑date language.

Practical reading of the amendment history

• The amendment history demonstrates iterative fine‑tuning: adjustments to Schedule 1’s content and structure in 2019 and 2023, and deletion of redundant or obsolete provisions as part of legislative revision housekeeping. The consolidated regulations as provided reflect the outcome of those instruments, with deleted clauses removed and specified clauses substituted where applicable.

The source provided contains no cases, judicial decisions, or litigation history concerning these regulations. It identifies statutory origins, revocations of prior subordinate legislation, and subsequent amending instruments, but does not list any court decisions interpreting the regulations or any judicial determinations applying them.

What the source does and does not show

• Absent case law in the text. The regulations text and legislative history supplied do not name any judicial proceedings that have considered these particular regulations. No appeal decisions, administrative tribunal findings, or published judicial reasoning on their interpretation are included.
• Cross‑referenced Act provisions. The regulations reference sections of the Victims of Crime Act 2001 (for example s 18, s 20, s 25 and s 17) which likely have been the subject of judicial consideration independently. However, the regulations’ text does not report any litigation that tests the requirements, prescribed amounts or the Crown Solicitor’s decision‑making criteria under Schedule 2.

Implication for practitioners

• If field precedent is required, practitioners will need to search state law reports, court databases and the consolidated legal database for any cases that postdate the 2019 and 2023 variations. The regulatory instrument itself provides the procedural framework but not judicial interpretation. Any disputes about the meaning of prescribed amounts, the scope of recoverable disbursements, or the Crown Solicitor’s exercise of prior agreement would likely come before the courts; the regulations indicate which decisions are discretionary but not how they have been exercised in practice.

Recommendation based on absence

• Given the absence of litigation references in the source, professionals should assume that contested issues about the interpretation and application of the regulations may still be open and subject to judicial clarification. When advising clients, practitioners should treat the certification requirements and prior agreement obligations in Schedule 2 as potentially litigable questions and plan documentary justifications accordingly.

The regulations contain several technical traps and operational friction points that can have practical and financial consequences for claimants and practitioners. The following are concrete issues to watch for, grounded in the specific regulatory text.

1. Hospital report length cap and recoverability

• Schedule 1 requires a hospital report for non‑limited claims, and Schedule 2 clause 4(2)(a) allows recovery of a hospital report up to 20 pages. Clause 4(3)(a) disallows recovery for hospital reports longer than 20 pages unless the Crown Solicitor gives prior agreement or the court is satisfied the whole hospital record is necessary. Practical consequence: obtaining an extended hospital file may be necessary for clinical completeness but may not be recoverable unless prior approval is obtained. Practitioners can face an unrecoverable disbursement if they later discover the 20‑page limit.

2. Allied health reports frequently need pre‑approval

• Schedule 2 cl 4(3)(c) requires prior Crown Solicitor agreement for allied health practitioner reports unless the court is satisfied a medical practitioner/dentist report would not provide the necessary evidence. The Crown Solicitor must assess seven specific factors (cl 4(3)(c)(i)(A)‑(H)). Consequence: allied health reports will often require a written pre‑approval application and justification; failure to obtain it may leave the cost unrecoverable.

3. Prescribed flat solicitor amounts may not reflect work done

• Schedule 2 prescribes fixed indexed amounts for solicitor work ($700, $1,400, $1,100 for related claims). These amounts apply to "all work involved" in a claim. For complex cases, particularly those requiring significant preparatory work or complex negotiations, the fixed recoverable amount may undercompensate solicitors and therefore affect retainer pricing and the decision to take on certain matters.

4. Related claim treatment can reduce recovery

• If a legal practitioner represents multiple victims in the same incident, later related claims attract a lower prescribed solicitor amount ($1,100) than the first related claim ($1,400) (Schedule 2 cl 2(1)(c)). Practitioners must plan fee arrangements in multi‑victim matters and understand that recovery is attenuated for subsequent related claims.

5. Non‑negligence protection is limited in scope

• Clause 6 provides that reliance on a report obtained under these regulations means a practitioner will be taken not to have acted negligently. This protection applies only to reports "obtained under these regulations" and to negligence in giving advice about a claim for compensation. It may not protect against other professional liability claims that do not turn on reliance on such reports or that arise from other aspects of conduct.

6. Identity certification requirements

• Schedule 1 cl 6 requires two identification documents, at least one photographic, certified by a legal practitioner, justice or police officer as true copies of originals "as seen". For people in custody or without ready access to these certifiers, obtaining the required certified copies may delay applications or create additional cost and logistical hurdles.

7. Tax return requirement for earning capacity claims

• Schedule 1 cl 10(3) obliges claimants to attach income tax returns for multiple years. For clients who do not readily possess tax returns or whose records are incomplete, obtaining ATO copies takes time and may delay applications. Practitioners should be aware of ATO processing times.

8. Crown Solicitor discretion and potential delay

• The Crown Solicitor’s prior agreement is required for many disbursements when a matter is settled without court application (Schedule 2 cl 4(1)(b), 4(3)). This centralised pre‑approval can cause delay and inject administrative discretion into what may otherwise be routine evidentiary choices. The statutory criteria for allied health reports are somewhat prescriptive, but the application of these criteria may still vary.

9. Uncertainty over indexation method

• Schedule 2 lists amounts as "(indexed)". The regulations do not specify the indexation formula or index source within the text. Practitioners must check the current indexed figures at the relevant time to ensure correct billing and fee recovery.

10. Lack of an explicit timeline for prior agreement decisions

• The regulations set prior agreement as a precondition but do not set a statutory timeframe for the Crown Solicitor to respond. This creates an operational risk of indefinite hold‑up in settling claims or proceeding to litigation.

11. Evidence of steps taken to recover other payments

• Schedule 1 cl 5(3) requires a statement of all amounts received or likely to be received from offenders, insurers or other sources and details of steps taken to obtain payment. Claimants who have not diligently pursued such avenues may face questions about offsetting amounts or condition on recovery.

These "gotchas" are mechanisms created by the regulations to control evidentiary sufficiency and cost recovery. Practitioners should treat them as concrete risk points to be addressed at case intake and early strategy planning.

The regulations create a checklist approach to compliance for claimants and a clear choreography for legal practitioners wishing to ensure recoverability of fees and disbursements. The following is a practical, source‑grounded compliance guide.

Intake: capture mandatory information

• At first client interview, collect all items listed in Schedule 1 Part 1:
  • Claimant name, address, date of birth (Schedule 1 cl 1(a)).
  • Victim name/address/DOB if not claimant (Schedule 1 cl 1(b)).
  • Date/time/place of offence and detailed description of offence circumstances (Schedule 1 cl 1(c)‑(d)).
  • When/where offence reported or reason for not reporting (Schedule 1 cl 1(e)); note the s 20(7) Act risk if not reported.
  • Nature and extent of injury and whether victim is deceased; if so, relationship, date of death and date of funeral (Schedule 1 cl 1(f)‑(h)).
  • Offender information including name/address if known and prosecution outcome details (Schedule 1 cl 2(a)‑(b)).
  • Whether claimant provided evidence in prosecution, and if not why (Schedule 1 cl 2(c)).

Formulated claim and offsets

• For non‑limited claims prepare a formulated claim:
  • Itemise non‑financial loss points under s 20(3)(a)(ii) of the Act as required by Schedule 1 cl 5(2)(a).
  • Separately state amounts for closed past loss of earnings, loss of earning capacity, and special damages (Schedule 1 cl 5(2)(b)).
  • Include a statement of amounts received or likely to be received from offenders, insurers, or other sources and steps taken to recover them (Schedule 1 cl 5(3)).

Document assembly

• Identification. Obtain two certified identification documents, at least one photographic, certified by a legal practitioner, justice or police officer as true copies (Schedule 1 cl 6). Plan for certified copies or attendance at an authorised certifier early.
• Relationship evidence. If claiming via relationship, obtain documentary confirmation (Schedule 1 cl 7).
• Medical evidence. For non‑limited claims secure at least one of:
  • Hospital report up to 20 pages; or
  • GP or dentist report summarising history, nature and extent of injury, treatment history, need for future treatment, prognosis and permanent disability (Schedule 1 cl 8).
  • If larger hospital records or specialist reports appear necessary, plan an application to the Crown Solicitor for prior agreement, or file to court to seek certification of the disbursement (Schedule 2 cl 4(3)(a)‑(b)).
• Loss of earnings evidence. For past loss of earnings obtain employer letters or other written evidence confirming period and amount of lost earnings (Schedule 1 cl 10(1)). For self‑employed claimants, obtain relevant financial records (Schedule 1 cl 10(1)(b)). For loss of earning capacity, obtain income tax returns for specified years (Schedule 1 cl 10(3)).

Preserve documentary trail for recoverability

• Copies of any documents relating to amounts received or likely to be received from offenders, insurers or other sources, as well as steps taken to pursue those amounts, must accompany the application (Schedule 1 cl 11). Maintain contemporaneous records of attempts to obtain payment or compensation.

Strategy for expert reports and disbursements

• Evaluate whether a GP/dentist report could provide the necessary evidence before commissioning a specialist or allied health practitioner report. Schedule 2 seeks to prioritise recoverable, less costly reports and requires the Crown Solicitor to consider whether a GP/dentist report would suffice (Schedule 2 cl 4(3)(c)(i)(D)).
• If specialist or allied health reports are likely to be needed, obtain Crown Solicitor prior agreement in writing before commissioning the report if the matter will be settled without court application. For matters heading to court, document necessity to present to the court for certification (Schedule 2 cl 4(1) and 4(3)).
• For allied health reports, prepare a short written submission addressing the Crown Solicitor’s specified factors (Schedule 2 cl 4(3)(c)(i)(A)‑(H)).

Billing and fee recovery planning

• Understand the prescribed amounts and how they apply:
  • Limited claim with known offender and agreed compensation: $700 indexed (Schedule 2 cl 2(1)(a)).
  • Non‑limited/non‑related claim: $1,400 indexed (Schedule 2 cl 2(1)(b)).
  • Related claims: $1,400 for first claim, $1,100 for each subsequent related claim (Schedule 2 cl 2(1)(c)).
  • Counsel: $1,000 indexed for prep and first 5 hearing hours, $200 per hour thereafter; opinions for settlement by persons under disability $700 indexed; related claim opinion $500 indexed (Schedule 2 cl 3).
  • Appeal costs $700 indexed (Schedule 2 cl 3A).
• When setting retainers, consider that the recoverable amount is capped and counsel costs are partially fixed; negotiate client fee arrangements and explain potential unrecoverable disbursements.
• Seek court certification of disbursements if litigating, to avoid reliance on Crown Solicitor prior agreement for recoverability (Schedule 2 cl 4(1)(a)).

Settlement route vs court application

• If intending to settle without court application, obtain Crown Solicitor certification for disbursements to be recovered (Schedule 2 cl 4(1)(b)).
• If intending to litigate, maintain file and cost records to enable court certification of reasonable disbursements (Schedule 2 cl 4(1)(a)).

Recordkeeping and time management

• Keep clear records of all steps taken to obtain payment from offenders or insurers, to satisfy Schedule 1 cl 5(3).
• Anticipate delays in obtaining tax returns from the ATO, in Crown Solicitor agreements, and in certifying hospital records. Build these into timelines for lodging applications within any negotiation period under s 18(5) of the Act (reg 3 refers to period for negotiation; practitioners should consult the Act for timing).

Professional liability and risk mitigation

• Where relying on reports obtained under these regulations, record the basis for reliance in the file to support the protection in clause 6 against negligence claims.
• For allied health and other non‑GP specialist reports, obtain written pre‑approval to reduce risk of unrecoverable disbursements.

Checklist for filing an application

• Completed application with all Schedule 1 Part 1 information.
• Formulated claim (non‑limited claims) with points for non‑financial loss and itemised financial claims.
• Two certified ID documents, relationship documents if relevant.
• Medical report: hospital report up to 20 pages or GP/dentist report.
• Employer letters or written evidence for past earnings claims; tax returns for earning capacity claims.
• Documents regarding amounts received from other sources and steps taken to obtain payment.
• Pre‑approval from Crown Solicitor for any non‑recoverable category of report if settlement without court is planned.

By following these steps drawn from the text of the regulations and their schedules, claimants and their advisers can reduce the risk of an application being incomplete and improve prospects of recovering legal costs and disbursements in line with Schedule 2.