The dependants of a homicide* victim can claim compensation for loss of the person’s financial support. The maximum amount of compensation that can be awarded is $100,000 (indexed) [Victims of Crime Act 2001 (SA) s 20(3)]. This amount will be distributed between the different claimants as the court thinks fit [s 20(1)(b)].

A dependant is defined as a spouse, domestic partner, parent or child who was financially dependent on the deceased [s 4]. Domestic partner for the purpose of such a claim takes the meaning as defined in s 11A of the Family Relationships Act 1975 (SA).

One claim is made on behalf of all of the dependants by a person suitable to represent them. For example, if a married person with children dies, their dependent spouse may claim for their loss and that of their children. If an adult financially supporting their elderly parents is killed, one of the parents may bring a claim on behalf of them both.

The person who pays or is responsible to pay for the funeral can claim reimbursement of the cost of the funeral, up to a maximum of $14,000 (indexed) [s 20(1)(d)].

The spouse or domestic partner of a homicide victim, the parent of a child homicide victim, or a minor child of a homicide victim, are eligible for compensation for grief up to $20,000 (indexed) [ss 17(2), 20(1)(c)].

* Homicide means murder, or manslaughter, or criminal neglect causing death under section 14 of the Criminal Law Consolidation Act 1935 (SA).