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    Who cannot claim compensation?

    A person will not be eligible to receive victims of crime compensation in the following instances [Victims of Crime Act 2001 (SA) s 17(5)]:

    • Where injury or death was caused by a motor vehicle accident and the claim is covered by compulsory third party insurance or by the Nominal Defendant scheme* (see Motor vehicle accidents). This is the case even if the accident was the result of a criminal offence.
    • Where injury or death is caused by a breach of statutory duty by the person’s employer that occurred within the course of the person’s employment.
    • Where the person has received, or is eligible to receive, payment or damages in respect of death or non-economic loss for the same injury under the Return to Work Act 2014 (SA).
    • Where the person has recovered, or is eligible to recover, compensation for hospital or medical expenses from a health insurance scheme or fund.
    • Where a prisoner has received a psychological injury as a result of an offence committed in prison, unless the prisoner was assaulted or suffered physical injury.

    A claim will also be refused if the victim was injured while committing an indictable offence if their conduct contributed materially to the risk of injury [s 20(5)]. For example, a person will not be eligible for compensation if they break into someone's home and the homeowner assaults them, even if the homeowner's use of force is excessive.

    * 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 a claimant determine whether any and which source of compensation applies.

    Who cannot claim compensation?  :  Last Revised: Fri Nov 17th 2017
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