NT QLD SA Tasmania WA Victims of Crime Victims of Crime Act Assistance Act Compensation Act Victims of Crime Assistance Act 2001 (SA) 1976 (Tas) 2003 (WA) Assistance Act 2009 (Qld) 2006 (NT) Victims of Crime Criminal Injuries main reason for the the identification, Yes—mandatory act of violence was apprehension or refusal if applicant Yes—mandatory the primary prosecution of alleged victim’s failed without refusal if the involvement offender. reasonable excuse applicant failed to in criminal activity to assist the police reasonably assist (including in a material way in the previous in the investigation identification, involvement in or prosecution of apprehension or criminal activity). the offender. prosecution of alleged offender. Yes—mandatory refusal if applicant Yes—award for refused or failed to mental shock must be provide information, give evidence or to refused if the victim co-operate in the was committing a investigation or separate offence at Yes—award the time or if there prosecution of the must be refused is a relationship or offence without if the applicant Yes—in connection between reasonable excuse. made the determining the victim and the application in whether to refuse/ offender and the collusion with the reduce an award, award is likely to offender or the injury/ must have regard benefit the offender. death occurred during to any behaviour, Can also refuse/ the commission of an condition, attitude reduce award if the indictable offence by or disposition of the behaviour, condition, the applicant. Yes—award must be victim that appears attitude or disposition refused if the claimant to have directly or of the victim was engaged in indirectly contributed Yes—mandatory directly or indirectly conduct constituting to the injury/ death. refusal if applicant has contributed to the an indicatable offence not given reasonable injury/ death. and that conduct assistance to police materially contributed and that failure to the claimant’s prevented the arrest risk of injury, unless or prosecution of the failure to offender. However, m compensate would domestic violence be unjust in is a factor to which the circumstances. In the decision maker determining the must have regard in award, the court must deciding whether the also have regard to victim had a any conduct on the reasonable excuse not part of the claimant to assist police. that directly or Yes—award must be indirectly contributed refused if the applicant to the offence or conspired with the injury. perpetrator or if the No. No. No. No. No. to recover Yes—discretionary. Perpetrator only from him or notified if the State her. subsequently
NT QLD SA Tasmania WA Victims of Crime Assistance Act 2006 (NT) Victims of Crime Assistance Act 2009 (Qld) Victims of Crime Act 2001 (SA) Victims of Crime Assistance Act 1976 (Tas) Criminal Injuries Compensation Act 2003 (WA) Yes—mandatory refusal if applicant failed without reasonable excuse to assist the police in a material way in the investigation or prosecution of the offender. Yes—award must be refused if the applicant made the application in collusion with the offender or the injury/ death occurred during the commission of an indictable offence by the applicant. Yes—mandatory refusal if applicant has not given reasonable assistance to police and that failure prevented the arrest or prosecution of the offender. However, domestic violence is a factor to which the decision maker must have regard in deciding whether the victim had a reasonable excuse not to assist police. Yes—award must be refused if the applicant conspired with the perpetrator or if the main reason for the act of violence was the primary victim’s involvement in criminal activity (including previous involvement in criminal activity). Yes—mandatory refusal if applicant refused or failed to provide information, give evidence or to co-operate in the investigation or prosecution of the offence without reasonable excuse. Yes—award must be refused if the claimant was engaged in conduct constituting an indicatable offence and that conduct materially contributed to the claimant’s risk of injury, unless failure to compensate would be unjust in the circumstances. In determining the award, the court must also have regard to any conduct on the part of the claimant that directly or indirectly contributed to the offence or injury. Yes—mandatory refusal if the applicant failed to reasonably assist in the identification, apprehension or prosecution of alleged offender. Yes—in determining whether to refuse/ reduce an award, must have regard to any behaviour, condition, attitude or disposition of the victim that appears to have directly or indirectly contributed to the injury/ death. the identification, apprehension or prosecution of alleged offender. Yes—award for mental shock must be refused if the victim was committing a separate offence at the time or if there is a relationship or connection between the victim and the offender and the award is likely to benefit the offender. Can also refuse/ reduce award if the behaviour, condition, attitude or disposition of the victim directly or indirectly contributed to the injury/ death. No. No. No. No. No. Yes—discretionary. Perpetrator only notified if the State subsequently to recover from him or her. m
VLRC_Victims_of_Crime_Assistance_Act_Supplementary_Consultation_Paper.docx