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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2012-09-18 Daily Xml
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HOUSING SA

In reply to the Hon. D.G.E. HOOD (3 May 2012).

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for Tourism, Minister for the Status of Women): The Attorney-General has provided the following advice:

5. Section 27(4) of the Victims of Crime Act 2001 (the Act) authorises him to make ex gratia (that is act of grace) payments to certain victims as compensation for personal injury resulting from a criminal offence. Regarding the case in question, those victims who suffered personal injury might be entitled to apply for compensation under section 17 of the said Act rather than section 27(4).

A Police Victim Contact Officer spoke with the mother of the injured victims on 30 April 2012 then on 1 June 2012 sent her information about victims' rights and victim assistance such as victim compensation. If the victims who suffered personal injury require more information on victim compensation, including ex gratia payments, they should consult a lawyer. For this purpose, the police referred the victims to lawyers who deal with victim compensation applications.

If the mother is worried about her personal safety and/or her children's safety, she might be entitled to a discretionary payment under section 31(2) of the Victims of Crime Act 2001.

The Commissioner for Victims' Rights is exploring this option. He has asked the police (if the mother approves) to conduct a security audit of the family's house and surrounds. He has also spoken to the mother about this option.

The Commissioner has undertaken to provide the Attorney-General with a report and, if appropriate, an application for a discretionary payment to help pay for the installation of security devices.

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