Queensland Consolidated Acts

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CRIMINAL OFFENCE VICTIMS ACT 1995 - SECT 26

26 When single or multiple compensation orders may be made

(1) The purpose of this section is to ensure that, for applications, harm that substantially should be treated as a single state of injury is treated as a single injury, even though it may consist of more than 1 injury or be caused by more than 1 incident.

(2) The objective is to ensure that the way in which incidents of personal offences happen or personal offences are prosecuted does not cause--

(a) inequity of treatment between applicants; or
(b) an unjustifiable multiplicity of applications to the State under division 3 about substantially the same harm.

(3) Subject to subsections (7) and (8), only 1 compensation order may be made in favour of an applicant because of--

(a) injury suffered from a substantially single incident, whether consisting of 1 or more than 1 personal offence; or
(b) a substantially single state of injury suffered from a series of incidents of personal offences.

(4) In deciding whether an applicant has suffered a substantially single state of injury, the court may have regard to the following--

(a) the applicant's injuries;
(b) the time over which the injuries were caused;
(c) the similarity of, or connection between, the injuries;
(d) the similarity of, or connection between, the events that caused the injury;
(e) anything else that is relevant.

(5) A single compensation order may be made against more than 1 convicted person.

(6) If a single compensation order is made against more than 1 convicted person, the order may provide for--

(a) separate liability of a convicted person scaled according to the person's direct and material contribution to the injury; or
(b) joint liability of more than 1 convicted person for an amount payable under the order; or
(c) both the separate liability mentioned in paragraph (a) for an amount and joint liability for the amount.

(7) Without limiting subsection (5), if each of more than 1 convicted person directly and materially contributed to injury mentioned in subsection (3)(a) and (b), a court may make a compensation order against each of more than 1 of the convicted persons.

(8) If compensation orders are made against more than 1 convicted person under subsection (7)--

(a) the total amount payable under all the orders must not be more than the scheme maximum; and
(b) the orders--
(i) must provide for separate liability for each of the convicted persons for an amount scaled according to the convicted person's contribution to the injury; and
(ii) may also provide for joint liability of more than 1 convicted person for an amount for which a convicted person is separately liable.

(9) To remove doubt, section 25 is declared to apply to compensation orders mentioned in subsections (5) and (7), subject to subsection (8)(a).



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