CRIMINAL COMPENSATION

Criminal compensation is usually paid to victims of physical (including sexual) assault. The maximum payment in Queensland is $75,000.

If you are the victim of a criminal act and have suffered injury as a result, you may be entitled to compensation under this scheme.

Who pays?

If the offender has been convicted of an indictable (or serious) crime and has financial assets, then the courts will order him or her to compensate you for your injuries.

However, sometimes the offender can't be identified in situations where the police have not been able to make an arrest. In this case, compensation is still available to the injured person, if the unidentified offender would have been convicted of a serious offence.

Even if the offender has died, compensation is still available under the same rules. In these cases, where the offender can't be prosecuted, compensation is funded by the Government through what's called an "ex-gratia" payment.

Time Limits

There is a three-year time limit on making a claim for criminal compensation in Queensland and this varies with regard to the offender's whereabouts, as explained above.

If the offender has been caught and convicted, then the time limit is three years from the date of the conviction. If the offender is not able to be found, or has died, then the three-year timeframe commences from the date of the assault. If the victim or injured person is a child (under 18), the three-year time limit commences from the date of their 18th birthday.

In certain rare cases, claims may be brought outside this three-year time limit, however it's important you consult a lawyer at your earliest opportunity to protect your rights.

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