Compensation for victims of crime
If you are the victim of a crime, you may be entitled to compensation from the offender. Under Queensland law, you can ask the court to order the offender to pay you.If for some reason the court cannot order the offender to compensate you, or the offender can’t pay, you may be able to apply for funds, known as an 'ex gratia payment', directly from the State Government.
What is criminal injury compensation?Criminal injury compensation is compensation for the injuries victims of crime receive as a result of violence committed directly against them (known as a personal indictable offence).
Criminal injury compensation was first introduced in Queensland in 1969. From 1969 up until 17 December 1995, the legislation that governed criminal injury compensation was the Criminal Code Act 1899. In 1995, new legislation was introduced for victims of crime called the Criminal Offence Victims Act 1995 (referred to as COVA).
This means:
- the Criminal Code applies to all offences that occurred between 1969 and 17 December 1995
- COVA applies to all offences that occurred on or after 18 December 1995.
The Act applies to your case if:
- the offence occurred on or after 18 December 1995, and
- it was an indictable offence causing personal injury.
An indictable offence is usually tried in the Supreme Court or District Court after a committal hearing in the Magistrates Court.
Offences that occurred before 18 December 1995 are covered by the Criminal Code and the details on compensation are not quite the same as in the current legislation. The information on these pages is not intended for you. For information about compensation covered by the Criminal Code, talk to your solicitor, Legal Aid Queensland or the police.
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