Injury claims must normally be made within three years of the date of the offence. Children, however, can claim at any time up to their 21st birthday under the Limitation of Actions Act 1936 [s.45]. Also, if the victim is unable to manage his or her own legal affairs through mental incapacity, extra time may be available. Death claims must be made within twelve months of the death of the victim.

Late claims can be made if the court allows them, but it is best to get legal advice well before the time limit runs out. If you have a claim, but time has run out, seek legal advice about an extension.

Victims seeking compensation for criminal injuries should get legal advice. The cost of a successful claim is limited by law and is generally paid by the Fund. The victim, however, bears the cost of an unsuccessful claim unless there is some other arrangement with the lawyer. A lawyer can usually tell you at an early stage whether your claim is likely to succeed or not.

The first step in making a claim is to send the Crown Solicitor the information and documents required by law. This includes information about the victim, the offence, the injuries and the losses they have caused. If you have a lawyer, they will do this for you. The Crown considers this information and, if the claim is accepted, can negotiate a payment with the victim or the victim’s lawyer. Many cases are resolved without going to court and without the victim having any further contact with the offender.

Some claims cannot be resolved by negotiation with the Crown. In that case, an application for compensation is issued in the Criminal Injuries Division of the District Court. The State of South Australia and the offender (if known) are defendant to this action. It will proceed to trial unless the parties agree on some other result.

A party dissatisfied with a decision of the Court can appeal to the Supreme Court within 21 days (or any longer period the Court allows).