NCJ Number
51867
Journal
International Journal of Offender Therapy and Comparative Criminology Volume: 22 Issue: 2 Dated: (1978) Pages: 179-192
Date Published
1978
Length
14 pages
Annotation
THE NATURE AND SCOPE OF VICTORIAN (AUSTRALIA) VICTIM COMPENSATION IN VIOLENT CRIMES ARE CONSIDERED, AND THE OPERATION OF THE SYSTEM IN ITS FIRST 4 YEARS IS DESCRIBED.
Abstract
THE VICTORIAN CRIMINAL INJURIES COMPENSATION ACT OF 1972 SET UP A TRIBUNAL TO OPERATE INDEPENDENTLY FROM THE COURT SYSTEM IN HEARING APPLICATIONS FOR COMPENSATION FOR INJURY CAUSED BY CRIMINAL ACTS. THE TRIBUNAL CONSISTS OF ONE PERSON WHO MUST HAVE BEEN A PRACTICING LAWYER FOR A MINIMUM OF 7 YEARS; IT HAS THE POWER TO REQUIRE THE PRODUCTION OF RECORDS, ACCOUNTS, REPORTS, AND ANY OTHER DOCUMENTS WHICH MAY BE RELEVANT TO AN APPLICATION. IT REPORTS TO THE GOVERNMENT ANNUALLY ON ITS WORK. THE ACT PROVIDES COMPENSATION ONLY FOR PERSONAL INJURY THAT INCLUDES BODILY HARM, ALTHOUGH MENTAL AND NERVOUS SHOCK AND PREGNANCY RESULTING FROM CRIMES OF VIOLENCE CAN RECEIVE COMPENSATION. SOME PROBLEMS OF INTERPRETATION ASSOCIATED WITH THESE PARAMETERS ARE DISCUSSED. AN ORDER FOR PAYMENT OF COMPENSATION MAY BE MADE TO THE FOLLOWING CLASSIFICATIONS OF PERSONS: THE INJURED PERSON; A PERSON WHO HAS INCURRED EXPENSE AS A RESULT OF RESPONSIBILITY FOR CARING FOR A VICTIM; AND WHERE THE VICTIM HAS DIED, TO HIS DEPENDENTS. AN ORDER FOR COMPENSATION MAY BE MADE EVEN IN SITUATIONS WHERE OFFENDERS ARE NOT APPREHENDED, PROSECUTED, OR CONVICTED. COMPENSATION CAN BE AWARDED WHEN THE TRIBUNAL IS SATISFIED THAT AN INJURY IS MORE LIKELY THAN NOT TO BE THE RESULT OF A CRIMINAL ACT OR OMISSION. THE BASES FOR COMPENSATION ARE A DIRECT REFLECTION OF THE TRADITIONAL COMMON LAW METHOD OF ASSESSMENT OF DAMAGES. COMPENSATION AND LAWYER'S FEES, PLUS EXPENSES INCURRED IN BRINGING APPLICATION ARE PAID FROM THE STATE TREASURY. SUBROGATION MAY BE CONDUCTED AGAINST THE OFFENDER. PROCEDURES BEFORE THE TRIBUNAL ARE DESCRIBED. NUMBER OF FINAL AWARDS MADE, APPLICATIONS REFUSED, WITHDRAWN, AND PENDING IN THE FIRST 4 YEARS OF OPERATION ARE SHOWN; AND THE AMOUNT OF THE AWARDS MADE FOR EACH YEAR IS PROVIDED. IT IS NOTED THAT THE COST OF OPERATION AND AWARDS HAVE GREATLY INCREASED OVER THE 4 YEARS OF OPERATION, AND SIGNIFICANT AMOUNTS HAVE BEEN GIVEN IN THE CATEGORY OF PAIN AND SUFFERING. TABULAR DATA AND REFERENCES ARE INCLUDED. (RCB)