The victim can claim compensation for:
The amount the victim will receive depends on several factors:
and, for offences after 1 January, 2003:
As of 1 July 2015 the following limits apply to payments for compensation:
The maximum amounts of compensation payable under the respective legislation are:
Since 1 July 2015 : $100 000.00.
See Victims of Crime Act 2001 (SA) s 20; Schedule a1.
However, in working out whether the maximum payment has been reached, funeral expenses are not taken into account. These can be claimed separately.
Calculating the claim
The exact rules about the amount claimable depend on the date of the offence.
If the offence occurred between 1 September 1990 and 12 August 1993, the amount of compensation for the injury is calculated as follows:
For injuries incurred as a result of offences committed after 12 August 1993 the entitlement to compensation for financial loss is determined in the same way. However, a claim for pain and suffering is assessed on a points scale of between 0 and 50 (with 50 being the most serious possible injury). One point on the scale is equivalent to $1000 compensation. An injury must be worth at least one point for the plaintiff to receive any compensation, so very minor injuries are excluded. The statutory limit for compensation is $50 000.
For claims arising from offences on or after 1 January 2003 and before 1 July 2015, there is no payment for pain and suffering unless the injury equates to more than 2 points on the scale, but there is no threshold for a claim for financial loss. The formula limiting financial loss claims is the same as above, as is the statutory limit [Victims of Crime Act 2001 (SA) s 20(3)].
For claims arising from offences committed on or after 1 July 2015:
Further limits on compensation
The victim cannot be compensated for losses that have already been compensated, or could be compensated, from another source. For example, medical or hospital expenses that are recoverable from a private health fund or from Medicare, cannot be claimed. Likewise, if the victim has an entitlement to compensation under the Return to Work Act 2014 (SA) or has an insurance policy that covers the loss, this will be taken into account.
In cases where an offence has been committed by more than one offender, or where one offender has committed a series of offences consecutively or simultaneously, the victim is entitled to only one claim for compensation [s 23].