South Australian Numbered Regulations

VICTIMS OF CRIME (STATUTORY COMPENSATION) REGULATIONS 2004 (NO 222 OF 2004) - SCHEDULE 2

Schedule 2—Prescribed scale of costs

1—Solicitors fee

A solicitor may charge a fee for a claim for compensation as follows:

            (a)         a fee of $500 for a limited claim where the identity of the offender is known and compensation is agreed;

Note—

A solicitor is not entitled to a fee in respect of a limited claim for compensation where the identity of the offender is unknown and compensation is agreed.

            (b)         a fee of $1 000 for any other claim that is not a related claim;

            (c)         if the claim is a related claim—a fee of $1 000 for the first claim and, for each of the other related claims, a fee of $800.

2—Counsels fee

        (1)         Counsel may charge a fee of not more than $750 for all work preparatory to an application to the court for compensation (including advice on evidence and any other legal advice on the application, conferences and proofing witnesses) and for the first 5 hours of the hearing of the application.

        (2)         Counsel may charge an additional fee of 1/5 of the preliminary fee actually charged for each hour or part of an hour after the first 5 hours of the hearing of the application.

        (3)         Subject to subclause (4), counsel may charge a fee of $500 for an opinion as to the compromise of a minor's claim for compensation.

        (4)         Counsel may charge a fee of $350 for each opinion as to the compromise of a minor's related claim for compensation.

3—Fee for an appeal

The fee that may be charged for an appeal is $500.

4—Disbursements

        (1)         Subject to this clause, if—

            (a)         an application for statutory compensation is made to the court, a legal practitioner may recover all disbursements reasonably incurred under the Act as certified by the court;

            (b)         an application for statutory compensation is settled without any such application being made, a legal practitioner may recover all disbursements reasonably incurred as certified by the Crown Solicitor.

        (2)         A legal practitioner may recover the reasonable cost of obtaining the following reports relating to a claim for statutory compensation:

            (a)         a hospital report (up to 20 pages);

            (b)         the report of a general medical practitioner or dentist.

        (3)         A legal practitioner may not recover the cost of obtaining a report relating to a claim for statutory compensation—

            (a)         in the case of a hospital report that is longer than 20 pages, unless—

                  (i)         the Crown Solicitor has given prior agreement; or

                  (ii)         the court is satisfied that the whole of the victim's record from the hospital is, in the circumstances, necessary for the determination of the matter;

            (b)         in the case of a report from more than one expert in the same specialty, unless—

                  (i)         the Crown Solicitor has given prior agreement; or

                  (ii)         the court is satisfied that the report from more than one expert in the specialty is necessary to provide the court with the evidence required for the determination of the matter;

            (c)         in the case of a report from an allied health practitioner, unless—

                  (i)         the Crown Solicitor has given prior agreement that the report is necessary, having regard to—

                        (A)         the nature of the claimant's injury; and

                        (B)         the qualifications and field of practice of the allied health practitioner; and

                        (C)         whether the claimant was referred to the allied health practitioner for treatment by a medical practitioner; and

                        (D)         whether a report from a general medical practitioner or dentist could provide the evidence necessary for the determination of the matter; and

                        (E)         the estimated cost of the report from the allied health practitioner; and

                        (F)         whether obtaining the report from the allied health practitioner would likely avoid the need to obtain a more costly report from a medical practitioner or dentist; and

                        (G)         whether the claimant has obtained, or proposes to obtain, a report from a medical practitioner or dentist; and

                        (H)         any other matter that, in the circumstances, may compromise (or give the appearance of compromising) the independence of the allied health practitioner or undermine the reliability of the report; or

                  (ii)         the court is satisfied that the report of a medical practitioner or dentist would not provide the court with the evidence necessary for the determination of the matter;

            (d)         in the case of any other report, unless—

                  (i)         application for statutory compensation was made to the Crown Solicitor in accordance with section 18 of the Act but no acceptable settlement offer was made within the period for negotiation; or

                  (ii)         the Crown Solicitor has given prior agreement that the additional report is necessary, having regard to—

                        (A)         the nature of the claimant's injury; and

                        (B)         whether the person proposed to provide the report has treated the claimant for the injury; and

                        (C)         whether a report from a general medical practitioner or dentist would provide the evidence necessary for the determination of the matter.