Claims arising from homicide

The dependants of a homicide* victim can claim compensation for loss of the person’s financial support. The maximum amount of compensation that can be awarded is $100 000 (indexed) [Victims of Crime Act 2001 (SA) s 20(3)]. This amount will be distributed between the different claimants as the court thinks fit [s 20(1)(b)].

A dependant is defined as a spouse, domestic partner, parent or child who was financially dependent on the deceased. 'Domestic partner' for the purpose of such a claim is defined in the Family Relationships Act 1975 (SA). One claim is made on behalf of all the dependants by a person suitable to represent them. For example, if a breadwinner is killed, the dependent spouse or domestic partner may claim for his or her loss and that of their children, or if an adult who was supporting his or her elderly parents is killed, one of the parents may bring a claim on behalf of them both.

The person who pays or is responsible to pay for the funeral can claim reimbursement of the cost of the funeral, up to a maximum of $14 000 (indexed) [s 20(1)(d)].

The spouse or domestic partner of a homicide victim; the parent of a child homicide victim; or a minor child of a homicide victim, are eligible for compensation for grief up to $20 000 (indexed) [ss 17(2), 20(1)(c)].

* Homicide means murder, or manslaughter, or criminal neglect causing death under section 14 of the Criminal Law Consolidation Act 1935 (SA).

Claims arising from homicide  :  Last Revised: Fri May 6th 2016
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.
Link to sa.gov.au - find what you're looking for

© Legal Services Commission - All Rights Reserved
Funded with the support of the Governments of Australia and South Australia Website by CeRDI