Compensation is paid from the Victims of Crime Fund [Victims of Crime Act 2001 (SA) s 31]. The Fund includes money provided by Parliament, a proportion of fines paid by offenders, confiscated proceeds of crime, and money paid pursuant to the levy imposed on convictions and on expiation of offences (payment of on-the-spot-fines) under s 32.

Recovering compensation from the offender

The scheme intends that, where possible, offenders should pay for the harm they have caused. Accordingly, the Attorney-General can claim back from the offender compensation paid to victims from the Fund (excluding ex gratia payments). Money recovered from the offender is paid into the Fund.

Section 28 of the Victims of Crime Act 2001 (SA) permits the Attorney-General to apply to the District Court for summary judgment against the offender.

The Attorney-General (usually represented by the Crown Solicitor) must file a certificate that certifies the amount of the compensation that has been paid and any legal costs that have been incurred.

Upon the Attorney-General’s application, the Court must enter judgment in favour of the Attorney-General and against the offender in the amount indicated in the filed certificate.

If the compensation was paid under an agreement reached between the Attorney-General and the victim, and the offender was not a party to that settlement agreement, the offender may apply to have the judgment varied or set aside within 1 month of receiving notice of the summary judgment [s 28(4)].

If compensation was paid by agreement without court proceedings, or if compensation was paid following court proceedings in which the offender was not a party, the offender may apply to the Court to prevent judgment being made against them within 1 month of receiving notice of the Attorney-General’s application [s 28(6)]. The offender must be able to show the Court that there is good reason not to enter judgment for the Attorney-General.

The onus is on the offender to establish a “good reason” not to enter judgment against them. Asserting innocence in respect of the offending to which the victims of crime compensation relates is unlikely to amount to a good reason (and the appropriate pathway for such an assertion is a criminal appeal against conviction).

Once judgment has been entered in favour of the Attorney-General, the Fines Enforcement and Recovery Unit assumes responsibility for recovering the debt from the offender [s 28(7)]. The Fines Enforcement and Recovery Unit may exercise any of its powers under the Fines Enforcement and Debt Recovery Act 2017 (SA) as if the debt is owed in relation to an enforcement determination made in respect of an expiation notice.

However, FERU cannot require the offender to complete community service pursuant to s 20 of the Fines Enforcement and Debt Recovery Act 2017 (SA), or waive payment of the debt except with the approval of the Attorney-General [s 28(8)].