VICTIMS COMPENSATION
Peter Murphy Criminal Law has extensive experience in victims compensation matters and regularly appears at hearings and appeals.
If you are injured by an act of violence which occurs during the commission of a crime, you may be eligible for an award of compensation. It is not necessary for the offender to be convicted or even prosecuted for the application to proceed.
You can consult our firm for advice and assistance with the following aspects of Criminal Injuuries Compensation:
* Applications for Victims Compensation
* Appeals against determinations and awards made by the Victims Compensation Tribunal, and
* Appeals against Orders for Restitution.
We regularly attend and appear at Victims Services which is situated at Level 1, 160 Marsden St Parramatta.
You are eligible to claim compensation if:
• you are the victim of an act of violence and are injured as a result (a 'primary victim')
• you are the member of the immediate family of a homicide victim (a 'family victim')
• you are injured as a result of witnessing an act of violence (a 'secondary victim')
• you are the parent or guardian of a primary victim of an act of violence who was under the age of 18 years at the time of the act and you are injured as a result of learning of the act of violence (a 'secondary victim')
• you are injured while attempting to prevent an act of violence, arrest someone who is committing an act of violence or assist the victim of an act of violence.
The Victims Compensation Scheme is administered by the Attorney General Department's Victims' Services Division which also provides counseling.
In order to claim compensation, an application must be made within two years of the act of violence unless special circumstances exist. To be eligible, the amount claimable for compensable injuries defined under the Victims Support & Rehabilitation Act must be at least $7,500.00. You may also be eligible to claim for actual expenses, loss of earnings and loss of personal property.
While it is possible to apply for criminal injuries compensation without legal assistance, you should engage appropriately experienced lawyers to ensure that your application and supporting material are prepared and submitted properly and on time. Victims Services pays lawyers a set amount for professional fees but you will be liable for the initial payment of disbursements such as fees for experts’ reports and copies of medical records. These amounts may be reimbursed when your application is determined and an award of compensation and expenses is made.
If you are unhappy with the amount awarded to you when your matter is determined, you may appeal.
If you have been convicted of an offence in respect of which an award of compensation has been paid, a Restitution Order may be made against you ordering the repayment of the amount of the award to Victims Services. You may appeal against Restitution Orders.
Victims Services do not pay professional costs for appeals.
Read more about Victims Services.
Ask Peter Murphy a question.
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