South Australian Current Acts

VICTIMS OF CRIME ACT 2001 - SECT 22

22—Evidence and proof

        (1)         Subject to this Act, any fact to be proved by a claimant in proceedings under this Act is sufficiently proved if it is proved on the balance of probabilities.

        (2)         No order for statutory compensation may be made (except by consent of the Crown) on an application unless—

            (a)         the commission of the offence to which the application relates—

                  (i)         has been admitted, or proved beyond reasonable doubt, in proceedings before a court; or

                  (ii)         has been admitted in statutory proceedings related to the offence or can be reasonably inferred from admissions made in any such proceedings; and

            (b)         the other facts on which the application is based have been proved on the balance of probabilities.

        (3)         If an order for compensation is sought in respect of an offence, and no person has been brought to trial charged with the offence, the evidence of the claimant as to the commission of the offence, unless supported in a material particular by corroborative evidence, is not sufficient to establish the commission of the offence.

        (4)         In proceedings under this Act, the court may receive in evidence a transcript of evidence in proceedings in any other court, and may draw any conclusions of fact that it considers proper.