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If you’ve been injured physically or psychologically because of a crime you may be able to make a claim for criminal injuries compensation. This factsheet offers information on making a claim. Print version: |
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You should get legal advice to find out if you can make a criminal injury compensation claim and what the process involves.
Can I make a criminal injuries compensation claim?
You can make a claim for criminal injuries compensation if:
- you’ve suffered a physical or psychological injury because of a personal offence and
- the person who committed the crime (the offender) has been convicted in the District Court, Supreme Court or Children’s Court of Queensland.
If the offender is convicted of the crime in the magistrates or childrens court (this is a different court to the Children’s Court of Queensland) you may still be able to make a compensation claim. In this situation, the police prosecutor would need to apply for compensation on your behalf at the time the offender is sentenced by the magistrate.
What is a personal offence?
A personal offence is when someone does something to physically or pyschologically hurt you or threatens to do so. There doesn’t need to be physical contact between the offender and victim for an offence to occur.
Personal offences are crimes like assault, rape, stalking and robbery. Crimes like house breaking or fraud are property offences and are not eligible for criminal injuries compensation.
What if the offender can’t be found, identified or made to stand trial?
You may still be able to claim for compensation even if the offender can’t be found, identified or made to stand trial. For example, if the offender is found to be of unsound mind and considered unable to stand trial you will still be able to make a claim even though a court may never convict them of the crime.
Is there a time limit?
Yes. Strict time limits apply. If the offender is convicted, you must apply for compensation within three years from the date they were sentenced in court.
If the offender cannot be found, identified or made to stand trial you must make an application within three years from when the offence happened.
If you were a child when the offence took place, you have three years from your 18th birthday to make a claim.
How do I make a claim?
If the offender is convicted
- You can apply to the court for compensation after the offender has been convicted. You usually make the application to the same judge who sentenced the offender.
- If you have a lawyer, they will help you with your application. The application will include documents supporting your claim, like medical reports and your victim impact statement. These documents are filed with the court and served on the offender.
If the offender is not convicted
- You can make an application directly to the Department of Justice and Attorney-General. You will still need to gather evidence like medical reports and police documents describing the offence and provide this to the department.
How is the amount of compensation worked out?
The amount of money that can be paid in compensation is set by legislation. The maximum amount that can be awarded is $75,000. This is awarded to the most serious cases.
The judge will work out the compensation amount based on the seriousness of your injuries.
If your claim is successful, the money you receive is unlikely to fully compensate you for your medical costs or the income you may have lost as a result of the crime. Most people who receive a payment use it to pay for counselling or rehabilitation.
Will I have to pay legal costs if I get compensation?
Yes. Unlike other civil cases, the court doesn’t usually award costs. This means your legal costs are usually deducted from your compensation payment.
If you use a private lawyer you should ask them exactly how they will work out what to charge you. Ask them for an estimate of the total cost before they start work on your case.
How much does it cost if Legal Aid helps me with my claim?
If we fund your claim you will need to make a contribution towards your legal costs if you receive a compensation payment. The maximum amount we ask anyone to contribute is $4400 (including GST). If you receive less than $20,000 in compensation the amount you will have to pay will be less than 20 percent of the amount you receive (plus GST).
How can Legal Aid help me?
Free information and advice
We provide free legal information and advice about criminal injuries compensation. You can access this service by calling 1300 65 11 88 (local call cost from anywhere in Queensland.
Providing you with a lawyer
We can provide you with a lawyer to prepare your application and represent you in court. Before we agree to fund a lawyer, we look at the legal and factual merits of your case and if your case is likely to succeed if it goes to court.
How do I apply for legal aid?
You need to complete a Legal Aid Queensland Criminal Injuries Application Kit. For a copy of the kit call 1300 65 11 88, go to your nearest Legal Aid office or visit www.legalaid.qld.gov.au
Is your help confidential?
Yes. Our services are confidential and we are committed to protecting our clients’ privacy. We will not provide your personal information or details about your legal problem to anyone, unless we are legally required to.
What if English is my second language?
If you would like this factsheet explained in your language, you can contact us through the Translating and Interpreting Service (TIS) on 13 1450. TIS will organise an interpreter in your language and will connect you to Legal Aid Queensland. This is a confidential and free service.
Note: This factsheet is intended to provide you with information only. If you have a legal problem, you should get legal advice from a lawyer.