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calculating compensation
minimum and maximum rates of compensation
- primary or secondary victims
On 14 July, 2000, the 'threshold' amount of compensation was raised from $2,400 to $7,500. If an application is lodged on or after 14 July 2000, the total compensation for injury that is being claimed must exceed $7,500 - if it doesn't, then the claim will be dismissed. Expenses are not included in calculating the threshold amount.
$50,000 is the maximum amount available for an act of violence. If a primary victim has been awarded the full amount then the secondary victim will not be entitled to compensation. If a primary victim has been awarded an amount less than $50,000 then the secondary victim is not entitled to any more than the difference between $50,000 and the amount awarded to the primary victim.
A total amount of $50,000 is available for distribution to all family members. If there are two or more family members, the $50,000 will be divided equally between them. Dependent family members will be given priority and receive the full amount of $50,000. A dependent family victim is now broadly defined as "a person who was dependent on the deceased victim at the time of the act of violence". When determining an application for compensation by a relative of a deceased victim, a compensation assessor may assume that there is no other family victim who is likely to make an application for compensation if:
(a) 3 months have elapsed since the application being determined was lodged, and
(b) no other family victim has lodged an application or notified of their intention to do so.
how to calculate the compensation
If the application for compensation is successful, the compensation payable is 100% of the amount detailed in the Schedule of Injuries for the most serious injury suffered, 10% for the second injury and 5% for the third injury [note that this amount may be reduced under section 30(1)] . Compensation is only payable for a maximum of three compensable injuries from one act of violence.
A deduction of $750 will be made from each award of compensation which is less than $20,001, excluding awards to family members in cases of homicide.
list of compensable injuries
The Schedule of Injuries lists all injuries for which compensation may be awarded. If you have not received an injury listed in the Schedule then you will not be eligible for compensation.
medical and related expenses, loss of earnings and personal items
In addition to injuries sustained as specified in the Schedule of Injuries, a total sum of $10,000 is available for:
- actual medical and related expenses
- actual loss of earnings
- lost, destroyed or damaged personal items which were worn, or other losses and expenses which have resulted from an act of violence.
A combined total of up to $50,000 is available for injury and the above categories.
Read more about expenses, loss of earnings and personal items
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