Criminal Compensation

If you have sustained any injury, including a psychological injury, as a result of a criminal offence and the offender is convicted, or unable to be found, you may be entitled to compensation through the Criminal Offence Victims Act Scheme.

Monetary compensation cannot repair the damage that a criminal offence can inflict upon you; however it can assist with the financial burden caused by the injuries and go some way to compensating you for your injuries.

The basics

In 1995, the Queensland Government passed the Criminal Offence Victims Act (‘the COVA’) which was established to make provision for the payment of compensation to victims of crime.

A victim of crime is entitled to monetary compensation where:-

• They have sustained an injury (this can include mental or nervous shock and physical injuries such as lacerations, fractures, wounds and scarring);
• The injury was caused by a personal offence committed against them (usually a physical or sexual assault); and
• The offender is convicted of the personal offence in the District or Supreme Court, or the offender is never identified.

Time limits

An application for compensation must be made within 3 years of the offender's conviction or within 3 years of the offence itself if the offender is not identified.

The process

Identification and charging of offenders is a matter for the Queensland Police Service. It is important that you report the matter to police and maintain contact with the police to maximise the chance of identification and charging of offenders.

Identified Offender

Once charges are laid the Office of the Director of Public Prosecutions will attempt to obtain a conviction of the offender in court. Compensation will only be payable to you where the offender has been convicted in the District or Supreme Courts.

Once the offender is convicted, the claim follows this path:-

1. Gather evidence (we will let you know what is needed and arrange appropriate medical reviews)
2. Prepare, file and serve the court application
3. Attend at the hearing and obtain a judgment from the court
4. Enforce judgment (if possible)
5. Apply to the State Government's Criminal Injury Compensation Unit (the CICU) for payment of the judgment if the offender cannot pay
6. Finalisation of claim

What if the Offender is Unidentified?

If an offender is not known to you and is unable to be identified by the Police (or if the offender is mentally unfit to stand trial) then an application for compensation can be made directly to the CICU for payment.

What can I claim for?

You can claim compensation for any injury sustained in accordance with the prescribed statutory limits within the scheme. This includes any bodily injury, mental or nervous shock, pregnancy or other injury specified in the COVA.

You are unable to make a claim under the provisions of the COVA if the offender is convicted in the Magistrates Court. If the offender has significant assets we would recommend that you pursue a claim under the Personal Injuries Proceedings Act (please refer to Public Place Accident Claims for more information). If a claim can be brought under this legislation you will be able to claim for pain and suffering, loss of wages, out of pocket expenses and care and assistance.

How much will I get?

If the offender has been identified and convicted a judge will decide how much you should receive which is based on the submissions made to the court and the severity of your injuries. The maximum amount of compensation payable under the present system is $75,000. This amount is reserved for the most serious cases. The amount you receive will depend on where your injuries fall within the COVA compensation table.

In instances where the offender is not known, the CICU will determine the amount of the award in the same way that a judge would.

There are many different factors which can affect how much you will get. This is why getting legal advice from someone who knows what they are doing is so important.

What do I do now?

Once you have as much information as possible, contact us.