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Compensation from the Offender

If an accused person is found guilty or convicted of a crime where you are a victim, you may be entitled to compensation from them.

It is a good idea to contact the police officer in charge of the case before it goes to court and let them know that you want to make a claim, so that you can begin to collect the factual evidence you need within the time limits. That way, your claim is also ready if a guilty judgment is handed down.

You can apply for a court order for the offender to:

• compensate you for your injuries, pain and suffering as a result of the crime
• return your stolen possessions or pay you what the sold, lost or damaged property is worth (restitution) where burglary or theft are involved.

Claims in the criminal courts

If your case is heard in the:

• Magistrates’ Court - the prosecutor or the police officer in charge of the case can apply on your behalf
  
• County Court - the Office of Public Prosecutions can apply on your behalf.

If you are claiming compensation for pain, suffering and injuries, you must keep all your medical receipts. You might also need doctors’ reports for evidence.

If you have a court order against an offender for property damage, you must have quotes for it.

Claims through civil court action

Whether or not your case proceeds to a criminal trial, you may have the right to seek compensation from the offender through a civil court.

You should get legal advice before going ahead with civil court action, as you may have to meet all your legal costs.

Contact a lawyer direct or find a local community legal centre through the Federation of Community Legal Centres on 9652 1500. There is more information about finding a lawyer and legal aid on the Financial Assistance page.