South Australian Numbered Regulations South Australian Numbered RegulationsSchedule 1—Requirements for applications for statutory compensation
Part A—Information to be included in application
A claimant must include in an application for statutory compensation the
following information:
(a) the
name, address and date of birth of the claimant;
(b) the
name and date of birth of the victim of the offence (if not the claimant);
(c) the
date, time and place of the offence;
(d) the
nature of the offence and the details surrounding the occurrence of the
offence;
(e) when
and where the offence was reported to the police or, if not reported, the
reason for not reporting the offence;
(f)
details of the nature and extent of the injury;
(g) if
the victim of the offence is dead—
(i)
the relationship of the claimant to the victim; and
(ii)
the date of death; and
(iii)
the date of the funeral.
Note—
Failure to report an offence to the police within a reasonable time after its
commission may result in a claimant being refused statutory compensation
unless the claimant can establish good reason for the failure—see
section 20(7) of the Act.
A claimant must include in an application for statutory compensation the
following information about the offender:
(a) the
name and address of the offender (if known);
(b) if
the offender was charged with any offence—
(i)
details of the charges laid; and
(ii)
details of the court in which the charges were laid; and
(iii)
the date of the trial (if any);
(c) the
outcome of the prosecution of any offence, including, if the offender was
convicted of an offence—
(i)
details of the conviction recorded; and
(ii)
details of the court in which the conviction was
recorded; and
(iii)
the date of the conviction;
(d)
whether the claimant gave evidence for the prosecution at the trial of the
offender and, if not, the reasons why the claimant did not give evidence;
(e) if
the claimant seeks an exemption from the requirement to serve the application
on the offender on the ground that the whereabouts of the offender are unknown
(see section 18(4)(c) if the Act)—details of attempts by the claimant to
locate the offender.
Note—
Failure of or refusal by the victim to give evidence in the prosecution of an
offender may result in a claimant being refused statutory compensation unless
the claimant can establish good reason for the failure or refusal—see
section 20(7) of the Act.
3—Information about action taken to ascertain defendant's assets
A claimant must include in an application (other than a limited application)
for statutory compensation details, and results, of any searches carried out
by the claimant in order to ascertain the assets (if any) of the defendant.
4—Information about statutory compensation being claimed
(1) A claimant must
include in an application for statutory compensation that is limited to
compensation for funeral expenses an itemised list of funeral expenses (see
section 17(4) of the Act).
(2) A claimant must
include in an application for statutory compensation the following information
about the compensation being claimed:
(a)
particulars of special damages, including—
(i)
an itemised list of expenses in relation to any treatment
and the name of the person or institution to whom the expense was paid or is
payable;
(ii)
as to each item, details of any refund or entitlement to
refund of treatment costs from Medicare, an insurer or any other source;
(iii)
an itemised list of funeral expenses;
(b)
particulars of loss of earnings as follows:
(i)
if past loss of earnings is being claimed, details of the
period off work or any period of reduced work and the amount that would have
been earned had the claimant worked during that period (showing how this is
calculated);
(ii)
if an ongoing loss of earnings or a loss of earning
capacity is being claimed, details of—
(A) the occupation or business of the
claimant at the time of the injury and during the 12 months prior to the
injury;
(B) the gross income received from the
occupation or business during the 12 month period ending on 30 June last prior
to the injury;
(C) any disability (including mental
disability) from which the claimant is suffering or has suffered in
consequence of the injury and which is preventing or has prevented (wholly or
in part) the claimant from performing his or her occupation or business;
(D) the periods since the injury during
which the claimant has been unable (wholly or in part) to perform his or her
usual occupation or business, together with the periods during which the
incapacity has been total and the periods during which it has been partial;
(E) where there has been partial
incapacity, the nature and extent of the partial incapacity;
(F) the periods since the injury during
which the claimant has been employed or otherwise engaged in an occupation or
business and, in respect of each such occupation or business—
• the nature of
the occupation or business;
• the address at
which it was conducted or performed;
• the name of
the employer;
• the gross
income received by the claimant.
(1) A claimant must
include in an application (other than a limited application) for statutory
compensation a formulated claim showing the amount of compensation for which
the claimant proposes the claim be settled.
(2) The formulated
claim must set out separately—
(a) the
number of points claimed for non-financial loss (see section 20(3)(a)(ii) of
the Act); and
(b) the
amount claimed for—
(i)
any closed period of past loss of earnings; and
(ii)
any loss of earning capacity; and
(iii)
special damages.
(3) The formulated
claim must include a statement of all amounts received, or likely to be
received, by or on behalf of the claimant from the offender, an insurer or any
other source, and details of any steps taken to obtain payment or compensation
from the offender or any other person, body corporate or government department
or agency in respect of the injury.
Part B—Documents required to accompany application
6—Police records, statements etc
An application for statutory compensation must be accompanied by a copy of any
record, statement or evidence relating to the offence provided to the claimant
by the police.
7—General medical practitioner's report
If there is no other medical or psychological report relevant to an injury
caused by an offence, the claimant's application (other than a limited
application) for statutory compensation must be accompanied by a report from
the claimant's usual or treating general medical practitioner
summarising—
(a) the
history taken from the claimant; and
(b) the
nature and extent of the injury; and
(c) the
history of the treatment of the injury; and
(d)
whether there is a need for any future treatment and, if so, the nature of the
future treatment; and
(e) the
prognosis; and
(f) the
nature and extent of any permanent disability as a result of the injury.
Note—
See also clause 4(2) of Schedule 2.
(1) If an application
for statutory compensation includes a claim for a permanent disability in the
nature of scarring, deformity or disfigurement resulting from an injury caused
by an offence, the application must be accompanied by—
(a) any
relevant photographs, which must be dated, of the claimant taken before the
claimant was injured; and
(b)
photographs of the injury taken at or about the time of the making of the
application.
(2) A photograph taken
for the purposes of subclause (1)(b) must, on the reverse of the
photograph, be signed and dated by a legal practitioner or justice certifying
that—
(a) he
or she has seen, and is satisfied as to the identity of, the claimant; and
(b) the
photograph is a true photograph of the claimant.
9—Statement of loss of earnings etc
(1) If an application
for statutory compensation includes a claim for past loss of earnings—
(a) by
the claimant as an employee—the application must be accompanied by a
letter from the employer or employer's insurer confirming the period during
which the claimant lost earnings and the amount lost during the period;
(b) by
the claimant as a self-employed person—the application must be
accompanied by written evidence supporting the claim.
(2) If an application
for statutory compensation includes a claim for loss of earnings as a result
of the claimant being unable, as a consequence of the injury, to enter into,
or carry out, a contract with a particular person, the application must be
accompanied by—
(a) a
letter from the person confirming the availability of work for the claimant
during the relevant period and the value of that work; or
(b) some
other written evidence supporting the claim.
(3) If an application
for statutory compensation includes a claim for loss of earning capacity by
the claimant, the application must be accompanied by a copy of the claimant's
income tax return—
(a) for
each of the 5 financial years immediately preceding the commission of the
offence; and
(b) for
the financial year during which the offence was committed; and
(c) for
each of the financial years occurring since the financial year referred to in
paragraph (b).
Note—
A claimant may obtain copies of tax returns by making an application under the
Freedom of Information Act to the Australian Taxation Office.
10—Documents relating to amounts received by claimant from other sources
An application for statutory compensation must be accompanied by—
(a)
copies of any documents relating to any amounts received, or likely to be
received, by or on behalf of the claimant from the offender, an insurer or any
other source, and details of any steps taken to obtain payment or compensation
from the offender or any other person, body corporate or government department
or agency in respect of the injury; and
(b)
details of any potential claim (apart from this claim) that the claimant may
have against the offender or any other person for compensation or damages
arising out of the injury, including details of the steps taken to pursue such
a claim.