NCJ Number
65100
Journal
Law Institute Journal Volume: 52 Issue: 10 Dated: (OCTOBER 1978) Pages: 593-599
Date Published
1978
Length
7 pages
Annotation
THIS ARTICLE DESCRIBES THE PROCEDURES OF THE VICTORIAN CRIMES COMPENSATION TRIBUNAL ESTABLISHED IN 1973 FOR COMPENSATING INJURED VICTIMS, DEPENDENTS, OF VICTIMS, AND ANYONE WHO INCURRED EXPENSES FROM A DEATH.
Abstract
THE AUSTRALIAN TRIBUNAL'S JURISDICTION IS LIMITED BECAUSE APPLICANTS MUST PROVE THAT THEIR INJURIES WERE CAUSED BY A CRIMINAL ACT. THE TRIBUNAL WILL NOT GRANT COMPENSATION WHEN A VICTIM IS A MEMBER OF THE OFFENDER'S HOUSEHOLD AND MAY REJECT AN APPLICATION OR REDUCE COMPENSATION IF IT FINDS THAT THE VICTIM'S BEHAVIOR CONTRIBUTED TO INJURY OR DEATH. THE MINIMUM COMPENSABLE LOSS IS $50 AND THE MAXIMUM IS $5,000. MOST AWARDS REPRESENT COMPENSATION FOR PAIN AND SUFFERING, WITH NO AWARDS FOR EXEMPLARY OR AGGRAVATED DAMAGES, PROPERTY LOSS OR DAMAGE, OR MAINTENANCE OF A CHILD BORN AS A RESULT OF A SEXUAL OFFENSE. THE TRIBUNAL MAY COMPENSATE VICTIMS SUBJECT TO SUCH CONDITIONS AS THE INITIATION OF PROCEEDINGS AGAINST THE OFFENDER, BUT A VICTIM CANNOT RECEIVE COMPENSATION AS A RESULT OF BOTH LEGAL RULINGS AND TRIBUNAL DECISIONS. THE TRIBUNAL CAN ORDER THE OFFENDER TO PROVIDE ALL OR PART OF THE VICTIM'S COMPENSATION. IT DOES NOT HAVE TO OBSERVE LEGAL RULES RELATING TO EVIDENCE OR PROCEDURE AND IS ENTITLED TO ANY INFORMATION IT NEEDS. MOST CLAIMS ARE HEARD 3 WEEKS AFTER RECCEIVING APPLICATION. IN MANY CASES, THE TRIBUNAL'S JURISDICTION OVERLAPS WITH THE WORKERS' COMPENSATION BOARD AND THE MOTOR ACCIDENTS BOARD. THE TRIBUNAL HAS BEEN ABLE TO FULFILL THE IDEALS EXPRESSED IN ITS CREATION AND HAS RULED ON ITS APPLICATIONS EXPEDITIOUSLY. FOOTNOTES ARE INCLUDED. (JLF)