Victims of Crime FAQ

What can I obtain compensation for?

The victims of crime compensation act is available to victims who have suffered physical or emotional injury as a result of their experience. The scheme is not available to victims of stolen or damaged property. However, if you have been the victim of a crime and had property stolen or damaged contact Herman Bersee Solicitors to discuss your other options to recover this loss.

The compensation fund is a last resort remedy. This means that if you have other means of obtaining compensation, through insurance claims, civil suits or other government schemes such as Workcover, you should utilise these options. This is why it is important to speak to solicitor with vast experience in these types of claims because we can identify all of your options available to you.

How much compensation will I receive?

The amount of compensation you may receive depends upon a number of factors including the nature and seriousness of your injuries, the circumstances surrounding the offence and what steps you have taken to minimise your loss as a result of your injuries.

For a claim arising from an injury after the 1st September 1990, there is a maximum award rate of $50,000. However, the actual amount of compensation you will receive will be scaled depending on the circumstances of your injuries. An actual award of $50,000 is reserved for the most serious of injuries such as death.

Are there costs associated with making an application?

The compensation scheme is designed so that you have no out-of-pocket expenses. Generally, all medical, psychological and other like reports are paid for by the scheme.

The fund also pays for your legal expenses associated with making a claim. This payment is made separate from any amount of compensation you are awarded.

How long does the application process take?

At Herman Bersee we can take the stress and work out of making a victims of crime application. During your first interview we will gather all of the information needed to make your application. We can follow up on your behalf if any further details are required such as police report numbers. Once the Crown Solicitors Office receive your application, they may require you to obtain further medical or psychological reports to verify your injury. This is a simple process and will not cost you any out-of-pocket expenses. From there, we will enter negotiations with the Crown regarding your payment.

Generally making a victims of crime application will take 12 months. However this will depend upon the complexity of your matter and nature of your injuries.

What if I was injured whilst travelling in South Australia from interstate?

Generally, it does not matter where you reside when making a victims of crime compensation claim. However it is required that you were injured whilst in South Australia, i.e. that the crime was committed in South Australia.

Similarly, if you are a South Australian resident who has been injured as a result of a crime interstate you may be entitled to victims of crime compensation in that state. All Australian jurisdictions have their own version of the Victims of Crime scheme, although the actual terms, amounts and process vary slightly. At Herman Bersee we have assisted South Australian residents make claims interstate before, and we would be happy to speak with you about the options available to you.