How much can be claimed?

The victim can claim compensation for pain and suffering, financial losses such as loss of earnings or reduced ability to earn, and for past and future treatment costs. The amount the victim will receive depends on several factors: when the offence happened, how severe the injury was, whether the victim’s own actions contributed to the offence or to the injury, whether the victim co-operated with police enquiries, and, for offences after 1 January, 2003, whether the victim has taken reasonable steps to keep their loss to a minimum.

Claims for offences since 1 September 1990 are limited to a maximum payment of $50 000. For offences between 1 August, 1987 and 1 September, 1990, the maximum is $20 000 and for offences between 1978 and 1 August, 1987, the maximum is $10 000. For offences committed in the period 1975 to 1977, the maximum is $2000 and for offences between 1969 and 1974, $1000.

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 claims up to $2000 - that amount
for claims exceeding $2000 - the sum of $2000 plus ¾ of the balance of the claim as assessed
for claims exceeding $50 000 - the sum of $50 000.

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.

For claims arising from offences on or after 1 January, 2003, 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.

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 Workcover or has an insurance policy that covers the loss, this will be taken into account. If there are payments of this kind, the case will be referred to the Attorney-General, who can reduce the amount payable to take account of these other entitlements. The Attorney-General can also decide whether legal costs should be paid, so, if there is some other source of compensation, it is wise to get legal advice before deciding whether to claim on the Fund.