Queensland Consolidated Acts

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CRIMINAL OFFENCE VICTIMS ACT 1995 - SECT 25

25 What amount may be required to be paid under a compensation order

(1) In making a compensation order, a court is limited to ordering the payment of an amount decided under this section.

(2) A compensation order may only order the payment to the applicant of a total amount of not more than the prescribed amount (the scheme maximum).

(3) If more than 1 amount is payable under subsections (4) to (6), the amounts must be added together, and, if the total is more than the scheme maximum, only the scheme maximum may be ordered to be paid.

(4) In deciding the amount that should be ordered to be paid for an injury specified in the compensation table, the court is limited to making an order for--

(a) if there is only 1 percentage listed opposite the injury--an amount up to the amount that is the listed percentage of the scheme maximum; or
(b) if there is a range of percentages listed opposite the injury--an amount that is within the listed range of percentages of the scheme maximum.

(5) In deciding the amount that should be ordered to be paid for an injury specified under a regulation, the court is limited to making an order for the prescribed amount.

(6) In deciding the amount that should be ordered to be paid for an injury to which subsections (4) and (5) do not apply, the court must decide the amount by--

(a) comparing the injury with injuries to which subsections (4) and (5) apply; and
(b) having regard to the amounts that may be ordered to be paid for those injuries.

(7) In deciding whether an amount, or what amount, should be ordered to be paid for an injury, the court must have regard to everything relevant, including, for example, any behaviour of the applicant that directly or indirectly contributed to the injury.

(8) A decision on the amount that should be ordered to be paid under a compensation order--

(a) does not involve applying principles used to decide common law damages for personal injuries; and
(b) is to be decided by applying the principles mentioned in section 22(3) and (4).


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