If you have been injured as a result of a crime in South Australia, you may be entitled to statutory compensation under the Victims of Crime Act 2001 (SA). The scheme is separate from the criminal prosecution, and it can provide financial support even though the offender has no money or has not been identified.
Who can apply
- people who suffered physical or psychological injury as a result of an offence
- certain family members and dependants of a person killed as a result of an offence
- in some circumstances, people who witnessed an offence or were affected as a close relative
Common examples include assault, domestic and family violence, sexual offences, robbery and dangerous driving causing injury.
How the scheme works
Claims are made against the Crown and paid from a statutory fund, not by the offender. The claim is assessed on the evidence that an offence occurred and caused your injury. A claim may be possible even where no one has been convicted, but the offence usually needs to have been reported to police, and your cooperation with police is relevant.
What compensation can cover
- pain and suffering, assessed on a statutory scale
- medical, counselling and treatment expenses
- lost income
- funeral expenses and grief payments for family members, where a person has died
The amounts available are set by the Act and capped, and some payments already received can reduce the award.
Time limits
Applications generally need to be made within three years of the offence, or of the death in claims by family members. Extensions are possible in some circumstances, including for some historical offences, but should not be relied on.
Immediate practical actions
- Make sure the offence has been reported to police and keep the report number.
- Get medical treatment and, where relevant, counselling, and keep the records.
- Keep receipts for every expense and records of time off work.
- Write down what happened and when, while it is fresh.
- Get advice before the three-year mark, even if the criminal case is still running.
Related pages
- Injury & Compensation Lawyers
- Victims of crime compensation: seeking justice and support in South Australia
- What to do after an injury
Frequently asked questions
Does the offender have to be convicted?
Not always. A claim may succeed without a conviction, for example where the offender was not identified, but there must be evidence that an offence was committed and caused your injury.
Do I have to wait for the criminal case to finish?
You do not have to wait to get advice, and time limits keep running during the criminal case. The outcome of the prosecution can affect when the claim is finalised.
Can I claim for psychological injury?
Yes. Psychological harm resulting from an offence can be compensated, supported by evidence from a treating doctor or psychologist.
Will making a claim cost me money up front?
Legal costs in victims of crime claims are partly regulated under the scheme. We explain costs clearly at the first meeting before you decide anything.