A person will not be eligible to receive victims of crime compensation in the following instances [ Victims of Crime Act 2001(SA) s 17(5)]:
- Where injury or death was caused by a motor accident and the claim is one covered by compulsory third party insurance or by the Nominal Defendant scheme* see Motor vehicle accidents. This is the case even if the accident was the result of a criminal offence being committed;
- Where injury or death is caused by a breach of statutory duty by the person’s employer that occurred within the course of the person’s employment under the Return to Work Act 2014 (SA);
- Where the person has received, or is eligible to receive, payment or damages in respect of death or non-economic loss for the same injury;
- Where the person has recovered, or is eligible to recover, compensation for hospital or medical expenses from a health insurance scheme or fund;
- Where a prisoner has received a psychological injury as a result of an offence committed in prison, unless the prisoner was assaulted or suffered physical injury.
There is also no claim if the victim was injured in committing an indictable offence and the criminal conduct contributed materially to the risk of injury. For instance, in the case of a home invasion, the homeowner might try to fight off the intruder and might injure him or her. Even if the homeowner uses excessive force, and so commits the offence of assault, the intruder will not be able to claim compensation from the fund.
* There may be some motor accident criminal injuries that are not covered by these schemes and in that case a claim may be possible. A lawyer can help you determine whether any and which source of compensation applies.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.