The scheme does not apply to injury or death caused by a motor accident, even if criminal offence were committed, if the claim is one that is covered by compulsory third party insurance or by the Nominal Defendant scheme see motor vehicle accidents. There may be some motor accident criminal injuries that are not covered by these schemes and in that case a claim may be possible. A lawyer can help you determine whether any and which source of compensation applies.

There is no claim if the victim was injured in committing an indictable offence and the criminal conduct contributed materially to the risk of injury. For instance, in the case of a home invasion, the homeowner might try to fight off the intruder and might injure him or her. Even if the homeowner uses excessive force, and so commits the offence of assault, the intruder will not be able to claim compensation from the fund.

Also, since 1 January, 2003, although prisoners can claim for criminal injuries inflicted in gaol, a prisoner cannot claim for psychological injury from an offence against him or her in gaol unless the prisoner was also assaulted or physically injured.