South Australian Current Acts South Australian Current Acts (1) A person is
eligible to claim statutory compensation for injury caused by an offence
if—
(a) the
person is an immediate victim of the offence; and
(b) at
least one of the following conditions is satisfied:
(i)
the offence involved the use of violence or a threat of
violence against the person or a member of the person's immediate family;
(ii)
the offence created a reasonable apprehension of imminent
harm to the person or a member of the person's immediate family;
(iii)
the offence is a sexual offence;
(iv)
the offence caused death or physical injury.
(2) A person is
eligible to claim statutory compensation for grief suffered in consequence of
the commission of a homicide if the person is—
(a) a
spouse or domestic partner of the deceased victim; or
(ab) a
child of the deceased victim (if the child was under the age of 18 at the
time of the offence); or
(b)
where the deceased victim was a child—a parent of the deceased victim.
(3) A person is
eligible to claim statutory compensation for financial loss suffered by the
dependants of a deceased victim if—
(a) the
victim died as a result of the injury caused by the offence; and
(b) no
previous order for statutory compensation has been made in respect of the
injury; and
(c) the
person is, in the opinion of the court, a suitable person to represent the
interests of the dependants.
(4) A person is
eligible to claim statutory compensation for funeral expenses if—
(a) a
victim dies in consequence of the offence; and
(b) the
person has paid, or is responsible for payment of, the victim's funeral
expenses.
(a) a
person is not entitled to statutory compensation if the injury arises from a
breach of statutory duty by the person's employer that occurs in the course of
the person's employment; and
(b) a
person is not entitled to statutory compensation if the person has received,
or is entitled to receive, a payment or damages in respect of death or
non-economic loss for the same harm under the Return to Work Act 2014 ;
and
(c) a
person is not entitled to statutory compensation if the injury is caused by,
or arises out of the use of, a motor vehicle in circumstances in which the
injury falls within the ambit of a compulsory third-party insurance scheme
covering the motor vehicle (whether the vehicle is in fact insured under the
scheme or an action for damages lies against a nominal defendant); and
(d) a
person is not entitled to statutory compensation for hospital or medical
expenses that would, if no award for compensation were made, be recoverable
from a health fund or scheme; and
(e) a
prisoner is not entitled to statutory compensation for psychological injury
resulting from an offence committed in the prison unless the prisoner was
assaulted or suffered physical injury.
(6) If—
(a) a
payment or damages under the Return to Work Act 2014 ; and
are paid for the same harm, the payment of statutory compensation does not
give rise to a right to recovery under the Return to Work Act 2014 .
Note—
Note that this provision will only apply in the comparatively rare cases where
the entitlement under the Return to Work Act 2014 does not operate to the
exclusion of a right to statutory compensation under subsection (5)(b)
above.