NCJ Number
73407
Date Published
1980
Length
11 pages
Annotation
The principal systems of Australian Victim compensation and the approaches to compensating victims of criminal domestic violence are discussed.
Abstract
Most Australian jurisdictions now have victim compensation schemes which follow two basic models. Under the court-based model, compensation is awarded by the courts and, using a complicated adminstrative procedure, includes ex gratia payments by the Government. The tribunal-based (or Victorian) model used in other jurisdictions authorizes the Crime Compensation Tribunal to award compensations upon the request of the victim. Most Australian schemes have specific provisions for cases where offender and victim are related or are living together at the time of the offense. Though court-based legislation usually has no specific exclusions for victims of domestic violence, the wording is often so unclear with regard to 'the possibility of collusion' that courts are justified in concluding that victims living in the same household with the offender are not eligible for compensation. The tribunal-based model rigidly excludes any compensation for victims of domestic violence. In response to criticism, the Tasmanian compensation scheme (tribunal-based) has changed the wording of the provisions thereby omitting all references to domestic violence victims. The Victorian Conpensation Tribunal itself has urged amendment of the legislation since many victims for whom the violence suffered has also ended the matrimonial relationship are now ineligible for compensation. As yet the Victorian government has not responded to the Tribunal's call. The article urges the eligibility of domestic violence victims for compensation, arguing that encouraging the reporting of offenses will prove to be a significant factor in the control of domestic violence. The article includes a table and 14 bibliographic footnotes.