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Guide 5 - Persons ineligible to receive statutory compensation
 

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Division 4 of the Victims Support and Rehabilitation Act 1996, lists a number of persons who are not eligible for statutory compensation.

Section 22 which applies to secondary victims or family victims should be noted and particularly sub-section (1).

In the appeal of Jones, Bell DCJ considered the terms of Section 15(3) of the Victims Compensation Act 1987. Section 22(1) of the Victims Support and Rehabilitation Act 1996 is similar to section 15(3). His Honour in Jones said:
    “In order to make sense of section 15(3) where the word “eligible” is used in relation to the deceased victim the word must be read as “entitlement”. If the word “entitlement” is read into the section then it brings in the result of the application under section 20. Anybody can bring an application. Not everybody is entitled to an award. Using the expression that way makes “eligible” clearer." Jones v Victims Compensation Fund Corporation, 13 May 1997, Bell DCJ, Sydney District Court (Unreported).
Other persons ineligible to receive compensation are those set out in Section 24 of the 1996 Act:

(1) persons who have been paid or entitled to be paid compensation awarded by a court under Part 4 or if that person’s application for such compensation is pending;
(2) a person whose injury arose as a consequence of a motor accident within the meaning of the Motor Accidents Act 1988;
(3) a person who was engaged in behaviour constituting an offence at the time of the act of violence;
(4) convicted offenders.



Cec Brahe
Chairperson, Victims Compensation Tribunal
28 April 2000




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The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do. The information on this page is written for people resident in, or affected by, the laws of New South Wales, Australia only.

most recently updated 9 January 2002