The concept of criminal injuries compensation is not new. It was given statutory recognition in New South Wales in the Crimes Act 1900. Victims could apply to the appropriate court for compensation only where there was a convicted offender and any compensation awarded was recoverable from the property (if any) of the convicted offender.
The Criminal Injuries Compensation Act 1967continued the court based scheme in respect of claims where there was a convicted offender but also created an administrative scheme where the offender was unknown or where there was no conviction.
With the commencement of that Act on 1 January 1968 New South Wales became only the fourth common law jurisdiction in the world to introduce a government funded criminal injuries compensation scheme.
Despite the many positive aspects of that scheme, there remained a number of inherent deficiencies. A major re evaluation of the scheme was undertaken resulting in the Victims Compensation Act 1987.
That Act which commenced on 15 February 1988 was enacted to increase the benefits available to victims of violent crime and to place the awarding of criminal injuries compensation in the hands of an independent tribunal, the Victims Compensation Tribunal.
The 1987 Act proved to have a number of problems and consequently the Victims Compensation Act 1996 and the Victims Rights Act 1996were enacted in 1996.
The Victims Rights Act 1996:
- established a statutory Charter of Rights for victims of crime,
- established the Victims of Crime Bureau,
- established the Victims Advisory Board; and
- provides for Victims Impact Statements
The Victims Compensation Act 1996 set up a statutory scheme of compensation with applications for compensation being determined by assessors with an appeal to the Victims Compensation Tribunal. An appeal on a point of law lies from the Tribunal to the District Court. The Act also set up an approved counselling scheme for victims.
That Act was amended in 1998 effective from 15 February and 7 April 1999 increasing the Director’s power to recover monies from convicted offenders and altering the table of compensable injuries.
The 1996 Act was further amended in 2000 to increase the threshold for statutory compensation and to limit victims who could apply for certain compensable injuries. The Act is now titled the Victims Support and Rehabilitation Act 1996.The objects of the Victims Support and Rehabilitation Act 1996 are to provide support and rehabilitation for victims of crimes of violence by giving effect to an approved counselling scheme and a statutory compensation scheme. Significant changes have been made to the former Victims Compensation Act 1996 as a result of the Victims Compensation Amendment Act 2000 and the Victims Compensation Amendment (Compensable Injuries) Regulation 2000.
The following changes listed below are a guide only so please refer to the current legislation for further information.
The Victims Support and Rehabilitation Act 1996 also defines the 3 different groups of victims (primary, secondary and family) who are eligible for compensation under the Act, and addresses appeals and references to the Tribunal and District Court. Furthermore, the amended Act describes the process of the recovery of compensation from offenders and compensation levies and other administrative matters, prescribing a schedule of compensable injuries and identifying threshold and maximum amounts of compensation in conjunction with the Compensation Amendment (Compensable Injuries) Regulation 2000.
The Compensation Amendment (Compensable Injuries) Regulation 2000 increases the minimum amount of compensation for the compensable injuries of Domestic Violence and Sexual Assault (Category 1) from $2,400 to $7,500. In addition, the minimum amount of compensation for the compensable injury of chronic Psychological or Psychiatric Disorder (Category 1) has been increased from $5,000 to $7,500 in respect of claims lodged on or after 14 July 2000.
Select this link for a copy of the Victims Compensation Amendment Act 2000 (PDF 34Kb)
Select this link for a summary of the 2000 amendments.
The Victims Support and Rehabilitation Act 1996 was further amended in 2006. A summary of the key amendments and commencement dates can be found on the Victims Support and Rehabilitation Act 2006 webpage.
The amendments included the establishment of a Victims Assistance Scheme to further enhance the rehabilitation support available to victims of crime. The Scheme will reimburse certain prescribed expenses incurred as a result of an act of violence where the injuries sustained fall below the statutory threshold.
The definition of injury in the Victims Support and Rehabilitation Act 1996 has been changed. A victim will no longer be required to prove a disorder but rather prove they have suffered actual physical bodily harm, or psychological or psychiatric harm. One important effect of this change is that victims of sexual assault and domestic violence will now not need a report from a professional establishing a psychological or psychiatric disorder when claiming the compensable injury of Domestic Violence or Sexual Assault.
Funeral expenses relating to a homicide victim can now be reimbursed (Victims Support and Rehabilitation Act 1996) even if there is no eligible family victim who can apply for compensation.
Eligibility to apply for free counselling under the Approved Counselling Scheme has been extended to victims who received compensation under the repealed Victims Compensation Act (1987).
The Victims Rights Act 1996 has been amended so that the Charter of Victims Rights now includes the right for a victim be treated with cultural sensitivity.
The definition of immediate family member of a homicide victim will now include half-brother and half-sister. As well the Crimes (Sentencing Procedure) Act 1999has been amended so that fiancé(e)s, grandparents and half-brothers and half-sisters will be eligible to give a victim impact statement.
A further amendment of the Crimes (Sentencing Procedure) Act 1999 in 2008 allows victims impact statements to include photographs and drawings, and victims may read out their statements using CCTV if they were entitled to use CCTV when giving their evidence during the trial.
