Who can claim compensation depends on the type of compensation being sought. Below is a summary of the different types of claims and to whom they apply.
Claim for injury
Only an immediate victim of an offence can claim compensation for injury caused by the offence [Victims of Crime Act 2001 (SA) s 17(1)].
The offence must meet one of the following criteria:
An immediate victim of an offence means [s 4]:
Immediate family of a person means [s 4]:
Common offences that can cause injury include assault, robbery, and home invasion, but a claim can arise from any offence. By way of example, it can include injury caused by an offence under the Dog and Cat Management Act 1995 (SA) when a dog is not properly controlled and attacks a person. It also includes the situation where the injured person was not the subject of the attack - for instance, a person shocked by witnessing an offence may claim for mental injury.
One incident of injury usually gives rise to one claim, even if there were several offenders involved, or if several offences were committed on the same occasion.
Even if an alleged offender cannot be found or cannot be prosecuted due to their age or some other reason, a claim can still be made.
Claim for grief
A spouse or domestic partner of a homicide victim can claim compensation for grief as can a child of the victim (if they were under 18 at the time the offence was committed) [s 17(2)(a)-(ab)]. If the deceased victim was a child, a parent can claim compensation for grief [s 17(2)(b)].
Claim for financial loss
A claim for financial loss can be made on behalf of dependants of a deceased victim if the victim died as a result of an injury caused by the offence [s 17(3)]. However, a claim cannot be made if a previous order for statutory compensation has been made for the injury.
Claim for funeral expenses
If a victim has died as a consequence of an offence and a person has paid, or is responsible for payment of, the victim’s funeral expenses, they are eligible to claim compensation for these expenses.
Children and young people
A child, like any other victim of crime, can apply for compensation for injury caused by a criminal offence. Child victims have until three years after the date of their 18th birthday to lodge a claim, however, they do not need to wait until adulthood to bring a claim.
For further information about time limits and procedure see Making the claim.
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