Criminal Injuries Compensation Regulations 2002 (SA)

South Australia

Criminal Injuries Compensation Regulations 2002

under the Criminal Injuries Compensation Act 1978

Contents

1            Citation

2            Commencement

3            Revocation

4            Interpretation

5            Prescribed particulars (s 7(3))

6            Legal costs

Schedule—Scale of costs

Legislative history

1—Citation

These regulations may be cited as the Criminal Injuries Compensation Regulations 2002.

2—Commencement

These regulations will come into operation on 1 September 2002.

3—Revocation

The Criminal Injuries Compensation Regulations 1987 (see Gazette 23 December 1987 p. 1962), as varied, are revoked.

4—Interpretation

In these regulations—

Act means the Criminal Injuries Compensation Act 1978.

5—Prescribed particulars (s 7(3))

For the purposes of section 7(3) of the Act, the following are the prescribed particulars:

(a)name, address and date of birth of the claimant;

(b)name and date of birth of the victim (if not the claimant);

(c)date, time and place of the offence;

(d)the type of offence and the details surrounding the offence;

(e)when and where the offence was reported to the police and, if not reported, the reason for not doing so;

(f)details of the nature of the injury (for example, broken bones, scars);

(g)if the victim is dead—

(i)the relationship of the claimant to the victim; and

(ii)the date of death; and

(iii)the date of the funeral;

(h)name of offender(s) (if known);

(i)if the offender(s) were convicted of the offence, brief details of the conviction;

(j)any information as to the whereabouts, income and assets of the offender(s);

(k)particulars of special damage including—

(i)an itemised list of expenses in relation to any treatment and the name of the person or institution to whom the expense was paid or is payable; and

(ii)an itemised list of funeral expenses; and

(iii)details of membership of any health fund or scheme;

(l)if the claim is by the victim, details of any loss of earning capacity, including details of—

(i)the occupation or business of the claimant at the time of the injury and during the twelve months prior to the injury; and

(ii)the gross income received from the occupation or business during the 12 month period ending on 30 June last prior to the injury; and

(iii)any disability (including mental disability) from which the claimant is suffering or has suffered as a result of the injury and which is preventing or has prevented, wholly or in part, the claimant from performing his or her occupation or business; and

(iv)the periods since the injury during which the claimant has been unable, wholly or in part, to perform his or her usual occupation or business, together with the periods during which the incapacity has been total and the periods during which it has been partial; and

(v)where there has been partial incapacity, the nature and extent of that partial incapacity; and

(vi)the periods since the injury during which the claimant has been employed or otherwise engaged in any occupation or business, and in respect of each such occupation or business—

(A)the nature of the occupation or business; and

(B)the address at which it was conducted or performed; and

(C)the name of any employer; and

(D)the gross income received by the claimant;

(m)if the claim is by a dependant or dependants of a victim—all the facts on which the claimant relies to establish a claim for financial loss;

(n)the final amount claimed for financial loss, detailing the calculations used to arrive at that figure;

(o)the amount claimed for non-financial loss, detailing the calculations used to arrive at that figure;

(p)copies of all medical reports in the claimant's possession;

(q)a statement of all amounts received by or on behalf of the claimant from the offender or any other source, and details of any steps taken to obtain payment or compensation from the offender or any other person, corporation, or government department or administrative unit in respect of the injury.

6—Legal costs

(1)Pursuant to section 10 of the Act, the scale of costs set out in the Schedule is the prescribed scale.

(2)For the avoidance of doubt, there is no fee payable in proceedings under the Act except as set out in the Schedule.

Schedule—Scale of costs

1—Solicitors fee
(a)    if an application is made to a court	$600
(b)    if a claim is settled without an application to a court	$400
(c)     for attending to obtain a consent order	$ 75
2—Counsels fee
(a)    preliminary fee—for all work preparatory to the application (including, advice on evidence and any other legal advice on the application, conferences and proofing witnesses) and for the first 5 hours of the hearing of the application	not more than $500
(b)    additional fee—for each hour or part of an hour after the first 5 hours of the hearing	1/5 of the preliminary fee actually charged
(c)     for attending at a pre-trial conference (including preparatory work)	$150
(d)    on appeal	$500
3—Disbursements
(a)    if an application is made to a court, a legal practitioner may recover all disbursements reasonably incurred under the Act as allowed by certificate of the court;
(b)    if a claim is settled without an application to a court, a legal practitioner may recover all disbursements reasonably incurred as certified by the Crown Solicitor.

Legislative history

Notes

•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations

The Criminal Injuries Compensation Regulations 2002 were revoked by r 3 of the Victims of Crime (Revocation of Criminal Injuries Compensation Regulations) Regulations 2017 on 11.8.2016.

Principal regulations and variations

Year	No	Reference	Commencement
2002	179	Gazette 29.8.2002 p3313	1.9.2002: r 2
2002	230	Gazette 19.12.2002 p4797	19.12.2002: r 2—disallowed 16.7.2003 (Gazette 24.7.2003 p3007) and (Gazette 31.7.2003 p3154)
2016	191	Gazette 11.8.2016 p3189	11.8.2016: r 2—disallowed 2.11.2016 (Gazette 10.11.2016 p4360) and rendered inoperative by the retrospective revocation of the principal regulations on 11.8.2016 (Gazette 9.2.2017 p397)
2016	224	Gazette 8.9.2016 p3712	8.9.2016: r 2—rendered inoperative by the retrospective revocation of the principal regulations on 11.8.2016 (Gazette 9.2.2017 p397)

Provisions varied

Provision	How varied	Commencement
r 6
r 6(2)	substituted by 230/2002 r 3	19.12.2002—disallowed 16.7.2003
r 6(3)	inserted by 230/2002 r 3	19.12.2002—disallowed 16.7.2003
Sch	substituted by 230/2002 r 4 (Sch)	19.12.2002—disallowed 16.7.2003
substituted by 224/2016 r 4	8.9.2016—rendered inoperative by the retrospective revocation of the principal regulations on 11.8.2016

Transitional etc provisions associated with regulations or variations

No 230 of 2002—disallowed on 16.7.2003

5—Transitional provision

The prescribed scale of costs that applies in respect of proceedings under the Act is—

(a)if notice is served under section 7(3) of the Act before the commencement of these regulations, the scale set out in the Schedule of the principal regulations immediately before that commencement; and

(b)if notice is served under section 7(3) of the Act after the commencement of these regulations, the scale set out in the Schedule of the principal regulations (as substituted by regulation 4).