Australian states & territories have different schemes for compensation for victims of crime, and only when that victim has been either physically or mentally injured as a result of that crime and even then only within that state. The compensation is for loss of earnings, expenses and some non economic loss such as pain & suffering.

Your injuries must be of a certain severity to qualify for compensating as they have various levels of criminal compensation for which they pay. The maximum amount you can receive in criminal injury compensation after all losses and expenses have been considered vary in each state. You should check the Victims of Crime links to see various levels for each state.

Can I get help straightaway?

Often you can access some assistance before lodging a final claim for counseling and other assistance. 

 Can I claim?

There are some simple guidelines to judge whether you have a possible criminal injury claim that qualifies for an award from the different criminal injuries compensation scheme. To make a claim for criminal injury compensation you MUST have:

• been injured in some way covered by the scheme and physically and/or mentally injured as a result
• been in the state at the time when the injury was sustained
• been the primary victim or have a sufficiently close proximity to the act to be considered a secondary victim
• or been a dependant or relative of someone who died as a result of a crime
• been injured seriously enough to qualify for at least the minimum award available under these schemes.
• received documented medical attention for your injuries
• reported the incident to the police as soon as possible.
• forwarded your application within 2 years from the date of the incident

 Explaining the delay

There are sometimes good reasons for delay in lodging an application and criminal compensation can sometimes be recovered even if you cannot confirm all of the above requirements. Further these rules vary across the different states. Compensation can also be claimed for mental anguish as long as that mental anguish is severe enough to qualify for the lowest level of award. If you have any doubts or questions prior to claiming then please contact the relevant state’s victims of crime bureau and it’s staff will do their best to answer your questions.

These claims are heavily checked so you must have a genuine claim. People are not awarded compensation when it is found that the victim had been involved in the commission of a crime themselves or they have conspired with another person to make a claim. A good example is when a victim of assault started a fight and came off second best.

Do I need a lawyer to handle my case?

As for finding a firm to handle your case the cost to you can vary. In some cases there is nil cost to you and you receive the total amount awarded as compensation. A firm can offer the no win, no fee arrangement but if your case is risky or there are questions as to whether or not your injury will be severe enough you may be asked to pay expenses for medical reports up front. This is refunded to you when and if an award is made. You can handle your case yourself and if it is quite a small claim then normally this is advisable. However, if the details of your case are a little shaky or the injuries difficult to explain or quantify then it may be in your best interests to hire someone to help you.  In all instances we recommend speaking to an ethical legal practice that has experience in crimes compensation law and claiming to get their opinion, we have found that many will be happy to advise you on the best route and if they feel it is in your best interests to pursue the compensation yourself they will say so.