22 February 2001

Parliament House
North Terrace
ADELAIDE SA 5000

Dear Member
Re: Review on Victims of Crime

The Attorney General’s department has conducted a review of the current criminal injuries compensation legislation, together with services in general for victims of crime. A series of recommendations has been made by the Attorney General’s department to amend the current legislation.

There is a recommendation that people who have access to any workers compensation entitlements will not be able to access compensation pursuant to the Criminal Injuries Compensation Act.

At present, the Criminal Injuries Compensation Act, 1978, prevents people from obtaining compensation under both acts with respect to the same heads of damage. This is further enforced by the Attorney General’s discretion, which is traditionally exercised to prevent persons receiving two lump-sum payments with respect to their injuries – despite the fact that the actual purpose of the compensation under the two acts is stated differently.

In essence, the recommendation by the Attorney General will result in police officers not being able to avail themselves of compensation for pain and suffering if they are victims of crime during the course of their employment. This is despite the fact that they may be entitled to no lump-sum compensation under the Workers Rehabilitation & Compensation Act, 1986. Incurring one medical account – if claimed under the Workers Compensation Scheme – will preclude a police officer from making a criminal injuries compensation claim. In essence, members will – in respect of obtaining compensation for pain and suffering – be in a worse position than that of any ordinary citizen.

This also sends a message to the community: that police officers do not experience pain and suffering as a consequence of an assault. Taken at its worst, it removes the current deterrent against individuals inclined to assault police, given that an offender will never have any claim for compensation brought against him or her pursuant to the Criminal Injuries Compensation Act – irrespective of the seriousness of the assault.

Due to the interpretations of the current Criminal Injuries Compensation Act, 1978, by both the Crown Solicitors Office (administrators of the act) and the court, the awards of compensation available pursuant to the Criminal Injuries Compensation legislation are notoriously low. Should the threshold which is currently one point ($1,000) be increased to five points ($5,000), then the Attorney General’s figures show that over 50% of the current claims would be denied under the proposal.

To put this issue into perspective, the victim of a violent rape in her own home – by an unknown perpetrator – who suffered a significant psychiatric injury was awarded eight points ($8,000) for her pain and suffering. This is the benchmark for pain and suffering in the present case law.

The Attorney General has indicated he will put forward his recommendations – together with any changes made after receiving submissions by individuals and organizations such as the Police Association – at the first sitting of Parliament in 2001.

We urge you to consider the Attorney General’s recommendations carefully. Do not support the sweeping changes that would deny access to compensation to the bulk of victims of crime, and discriminate against members of the public, like police officers, who remain unfortunate, frequent victims of crime in the course their duties.

Yours sincerely

PETER ALEXANDER
PRESIDENT