skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 51867 Find in a Library
Title: CRIME COMPENSATION IN AUSTRALIA - THE VICTORIAN EXPERIENCE
Journal: INTERNATIONAL JOURNAL OF OFFENDER THERAPY AND COMPARATIVE CRIMINOLOGY  Volume:22  Issue:2  Dated:(1978)  Pages:179-192
Author(s): P SALLMANN
Corporate Author: Assoc for Psychiatric Treatment of Offenders
United Kingdom
Date Published: 1978
Page Count: 14
Sponsoring Agency: Assoc for Psychiatric Treatment of Offenders
London, NW1 6BU, England
Format: Article
Language: English
Country: United Kingdom
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)
Index Term(s): Australia; Laws and Statutes; Victim compensation
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=51867

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.