Andersen v State of South Australia

The appellants, children of the deceased Robert Andersen, appealed to the Full Court of the Supreme Court of South Australia against a District Court judge's decision dismissing their application for compensation for financial loss under the *Victims of Crime Act*. The dispute centred on whether payments made by the State of South Australia for the appellants' care should be offset against any compensation awarded for the financial loss they suffered due to their father's murder.

The legal issues before the Full Court were whether the trial judge had correctly determined the financial loss suffered by the appellants and, crucially, whether payments made by the State for their care should be offset against any compensation for that financial loss. The appellants sought compensation for the financial support they had allegedly received from their father prior to his death.

The Court dismissed the appeal, concluding that the trial judge was correct to offset payments made by the State for the appellants' care against their entitlement to compensation. The Court reasoned that the *Victims of Crime Act* is intended to avoid double compensation and operates as a mechanism of last resort, not as a benefit independent of other statutory or common law rights. Applying the principles from *Trace v South Australia*, the Court held that any financial benefits accruing to the appellants as a result of their father's death must be balanced against their financial losses. The Court found that the payments made by the State for the appellants' foster care and other arrangements, which were significantly higher than the deceased's estimated contributions, exceeded the statutory compensation limit of $50,000. Consequently, no compensation was payable to the appellants.