REPORT ON CRIMINAL INJURIES COMPENSATION (FROM AUSTRALIAN JUSTICE SYSTEM, 2D ED., 1977, BY DUNCAN CHAPPELL AND PAUL WILSON - SEE NCJ-50316)

• NCJ Number: 50332
• Author(s): ANON
• Date Published: 1977
• Length: 22 pages
• Corporate Author: Butterworth
• Publication Format: Document
• Language: English
• Country: Australia
• Note: LAW REFORM COMMISSION OF WESTERN AUSTRALIA, PROJECT NO 46, CRIMINAL INJURES COMPENSATION, WORKING PAPER, JUNE 1975

Annotation

THE SUBSTANCE OF VICTIM COMPENSATION LEGISLATION IN FIVE INDEPENDENT JURISDICTIONS OF AUSTRALIA ARE OUTLINED AND CRITICIZED, AND MATTERS TO BE CONSIDERED FOR REVISION OR EXPANDED TREATMENT IN FUTURE LEGISLATION ARE CITED.

Abstract

A SYNOPSIS OF THE CRIMINAL INJURIES (COMPENSATION) ACT OF WESTERN AUSTRALIA IS OUTLINED, AND PARALLEL LEGISLATIONS IN FOUR OTHER AUSTRALIAN STATES -- NEW SOUTH WALES, VICTORIA, QUEENSLAND, AND SOUTH AUSTRALIA -- ARE INDICATED TO BE BROADLY OF THE SAME PATTERN AS WESTERN AUSTRALIA. IN ADDITION TO THESE AUSTRALIAN STATES, AN APPENDIX ALSO SHOWS THE MAJOR FEATURES OF VICTIM COMPENSATION LEGISLATION IN THE UNITED KINGDOM AND NEW ZEALAND. THE ELEMENTS OF THE LEGISLATION CONSIDERED ARE COMPOSED OF THE FOLLOWING SUBJECTS: CIRCUMSTANCE WHERE COMPENSATION IS PAYABLE; AGAINST WHOM THE COMPENSATION ORDER IS MADE; KINDS OF INJURY COMPENSABLE; WHETHER DEPENDENTS OF THE VICTIM CAN MAKE A CLAIM; THE MAXIMUM COMPENSATION PAYABLE; WHETHER COSTS OF APPLICATION ARE PAYABLE OUT OF A GOVERNMENT FUND; AND THE NATURE OF ANY APPEAL PROCEDURE. A CRITIQUE OF EXISTING LEGISLATION CONSIDERS THE FOLLOWING ISSUES TO BE CRUCIAL IN THE DEVELOPMENT OF FUTURE LEGISLATION: 1) THE DETERMINATION OF WHETHER THE AWARD OF COMPENSATION SHOULD BE MADE FROM GOVERNMENT FUNDS IN THE FIRST INSTANCE, AND IF SO, WHAT THE RIGHT OF RECOURSE BY THE STATE SHOULD BE AGAINST THE OFFENDER; 2) THE DETERMINATION OF WHETHER THE AWARD SHOULD BE THE SAME AS A TORT ACTION AND INCLUDE PECUNIARY LOSS; 3) THE DETERMINATION OF A POLICY REGARDING MAXIMUM AMOUNTS FOR COMPENSATION; 4) THE DETERMINATION OF WHETHER THE ESTATE OF A DECEASED VICTIM, PERSONS OTHER THAN THE VICTIM, IN PARTICULAR THE DEPENDANTS OF A VICTIM BE ALLOWED TO MAKE A CLAIM; 5) THE DETERMINATION OF WHETHER THE COMPENSATION SCHEME WOULD COVER CASES WHERE THE OFFENDER IS NOT BROUGHT TO TRIAL OR LACKS MENTAL CAPACITY; 6) THE DETERMINATION OF WHETHER THE TRIAL COURT SHOULD ACT AS THE ADJUDICATING AUTHORITY OR THE MATTER BE ENTRUSTED TO A TRIBUNAL; 7) THE DETERMINATION OF THE RIGHTS OF APPEAL FOR THE VICTIM, OFFENDER, AND CROWN; AND 8) THE DETERMINATION OF WHETHER THE VICTIM SHOULD BE BARRED FROM COMPENSATION RECOVERY BECAUSE OF A RELATIONSHIP WITH THE OFFENDER. THE APPENDIX ALSO INCLUDES A TABLE OF THE NATURE OF THE CASES AND DISPOSITIONS OF COMPENSATION CASES BROUGHT BEFORE THE COURTS. (RCB)