Victims of Crime Fund

508 Ms BEDFORD (Florey) (26 May 2021). What support is available for someone applying for compensation payouts, where they have been rendered unconscious by a coward punch but has to prove it was the punch that caused the injury rather than hitting the pavement? Where does this person go to get this sort of proof?

The Hon. V.A. CHAPMAN (Bragg—Deputy Premier, Attorney-General, Minister for Planning and Local Government):

Compensation will be paid to a victim of crime if the offence has been admitted or proved beyond a reasonable doubt (s22(2)(a) of the Victims of Crime Act 2001 (the Act)). If the offender is unknown there must be material corroboration that an offence has occurred. The evidence of the claimant alone is not enough (s22(3) of the Act). If a person alleges that they have been punched, the incident must be reported to the police (s20(7) of the Act). South Australia Police will investigate the matter, looking for witnesses or relevant CCTV footage. It may be that the victim's injuries are consistent with the alleged offence and will amount to material corroboration in the absence of a witness or CCTV footage. When an assault victim is intoxicated and cannot recall what has happened, the injuries may also be consistent with a fall or a fight. In such circumstances, in the absence of other evidence the injury is not sufficiently corroborated, and compensation is not available (R v Henderson (1983) 37 SASR 288 and Kovacevic v SOSA [2000] SADC 55). The claimant is unlikely to be able to obtain proof if South Australia Police were not able to do so. The only remaining avenue is to apply for the exercise of my discretion for an ex gratia payment (s27(4) of the Act). The statutory scheme provides for all claimants to have legal representation (Schedule 2 of the Regulations to the Act).