Compensation Claims and the Criminal Offence Victims Act

It is an unfortunate reality that there is a general increase in criminal offences during the Christmas and New Year period each year, often arising from a combination of increased alcohol consumption and many families being away from their homes on holidays.  

Irrespective of when a crime occurs, all victims of crime will continue to suffer from the after-effects of the individual assault committed against them to varying degrees. Unfortunately, a great number of victims of sexual and physical assaults will develop psychological injuries in connection with their ordeal. In some cases, these injuries will have a permanent impact on the victim’s physical and emotional health.  

The identification, conviction and punishment of the offender may provide some comfort, however will rarely bring about a resolution of the victim’s injuries. Further, victims of crime may suffer from lost earnings while they recuperate and may incur significant medical and other expenses in connection with their injuries. Criminal punishment of the offender does not address these issues.  

In 1995, the Queensland Government passed the Criminal Offence Victims Act (‘the COVA’) which established a scheme of compensation for victims of crime to compensate for any physical or emotional pain suffered by victims.  

A victim of crime is entitled to monetary compensation where:-  

– They have sustained an injury;

– The injury was caused by a personal offence committed against them (usually a physical or sexual assault);

– The offender is convicted of the personal offence, or the offender is never identified.  

The amount of compensation is assessed by a court upon application by the victim, and will depend upon the severity of the injuries sustained. The maximum amount of compensation payable under the present system is $75,000.  

An application must be made within three years of the offender’s conviction or within three years of the offence itself if the offender is not identified.  

An injury will include mental or nervous shock and physical injuries such as lacerations, fractures, wounds and scarring.  

If you or someone you know has been the victim of a criminal offence, you may have an entitlement to compensation. We recommend that you seek advice as soon as possible.  

Monetary compensation cannot repair the damage that a criminal offence can inflict on a victim; however it can assist with the financial burden caused by the injuries and go some way to compensating a victim for their pain.  

Of course, it is preferable to avoid becoming a victim of crime altogether and I would encourage everyone to be conscious of their own safety and that of their friends and family over the holiday period.


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