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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2024-05-15 Daily Xml
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Victims of Crime

The Hon. L.A. HENDERSON (15:05): My question is to the Attorney-General regarding victims of crime. How many recipients of victims of crime payments have been required to repay their compensation for any reason over the last two years?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:05): I thank the honourable member for her question. I will go and check but, as to actually repaying payments that have been made, I am not aware of any that have had to repay payments that they have received but, again, I will double-check that. The victims of crime compensation system is a scheme of last resort when there isn't another appropriate way to make a claim for the harm and suffering that has occurred as a result of being a victim of crime.

I know that on occasion there are payments made out of the scheme to someone who has suffered as a result of being a victim of crime, or a family member of a victim of crime, where civil action is then taken. Where civil action is taken as a result of some sort of failure of the South Australian government, I am advised, it is almost always the case that a deed of settlement will include whatever amount was paid by the government out of the Victims of Crime Fund being deducted from the amount that is paid.

So if a victims of crime compensation application has been successful and, for example, it was $10,000, then later there was a civil action taken against the government and the government settles that for what would have been $100,000, what I am advised is, almost always in that deed of settlement for that civil action, it will be that $100,000 minus what has already been paid as victims of crime compensation, so that the amount that the deed of settlement would provide would be $90,000.

When these civil actions generally occur, I am advised, usually the person making the claim is legally represented and those lawyers will negotiate that and advise their clients about the deed of settlement. Again, I will check for the honourable member, but I am not aware of money being sought to be paid back, but certainly where a victims of crime compensation amount has already been paid and there is a successful civil claim against the government, the deed of settlement generally with the people making the claims, getting legal advice, is offset by the amount that has already been paid out.

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