Victims of Crime (Statutory Compensation) Regulations 2019 (SA)

South Australia Victims of Crime (Statutory Compensation) Regulations 2019 under the Victims of Crime Act 2001

Contents 1 Short title 3 Interpretation 4 Requirements for applications for statutory compensation (section 18 of Act) 5 Legal costs—prescribed amounts 6 Legal practitioner not negligent if relies on certain reports Schedule 1—Requirements for applications for statutory compensation Part 1—Information to be included in application 1 Claimant information 2 Offender information 4 Information about statutory compensation being claimed 5 Formulated claim Part 2—Documents required to accompany application 6 Identification 7 Relationship 8 Hospital reports and reports from general medical practitioner or dentist 10 Statement of loss of earnings etc 11 Documents relating to amounts received by claimant from other sources Schedule 2—Legal costs and disbursements 1 Preliminary 2 Solicitor 3 Counsel 3A Appeal 4 Disbursements Legislative history

1—Short title These regulations may be cited as the Victims of Crime (Statutory Compensation) Regulations 2019. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Victims of Crime Act 2001; allied health practitioner means a health practitioner other than a dentist or medical practitioner; dentist means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the dental profession as a dentist (other than as a student); and (b) in the dentists division of that profession; hospital report, in relation to a victim, includes a report on the victim written by a member of the hospital's medical personnel, the whole of the victim's record from the hospital or the written summary given to the victim on the victim's discharge from the hospital; limited claim—a claim for statutory compensation is a limited claim if it is limited to a claim for compensation for 1 or both of the following: (a) grief suffered in consequence of the commission of a homicide (see section 17(2) of the Act); (b) funeral expenses (see section 17(4) of the Act), and limited application has a corresponding meaning; medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); period for negotiation—see section 18(5) of the Act; related claim—a claim for statutory compensation is a related claim if— (a) in proceedings under the Act, the same legal practitioner represents more than 1 victim of an offence claiming compensation in respect of injury arising from the offence; or (b) in proceedings under the Act, the same legal practitioner represents more than 1 victim of a series of offences claiming compensation in respect of injury arising from the series of offences; series of offences means— (a) offences committed consecutively by 1 offender, or offences committed simultaneously or consecutively by offenders acting in concert; or (b) offences committed in circumstances in which those offences constitute a single incident, (see section 23 of the Act); specialist health practitioner has the same meaning as in the Health Practitioner Regulation National Law. 4—Requirements for applications for statutory compensation (section 18 of Act) (1) For the purposes of section 18(4)(a)(i) of the Act, the information required to be included in an application for statutory compensation is set out in Schedule 1 Part 1. (2) For the purposes of section 18(4)(a)(iii) of the Act, a list of the documents required to accompany an application for statutory compensation is set out in Schedule 1 Part 2. Note— See also section 18(4)(a)(ii) of the Act which requires an application for statutory compensation to be accompanied by any medical reports relevant to the injury in the possession of, or accessible to, the claimant. 5—Legal costs—prescribed amounts For the purposes of section 25(1) of the Act, the prescribed amounts are as set out in Schedule 2. 6—Legal practitioner not negligent if relies on certain reports For the avoidance of doubt, a legal practitioner who relies on a report obtained under these regulations in the course of, or in connection with, giving advice about a claim for compensation in respect of the claimant will be taken not to have acted negligently in so doing.