Queensland Consolidated Acts

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CRIMINAL OFFENCE VICTIMS ACT 1995 - SECT 33

33 Application for payment by State of compensation for injury from personal offence

(1) This section applies to anyone who has suffered injury because of any of the following acts committed against the person--

(a) an act for which someone has been tried on indictment for a personal offence, but found not guilty because the charged person was of unsound mind when doing the act;
(b) an act for which someone would have been tried on indictment for a personal offence, but for the fact that the person--
(i) has been found to have been suffering from unsoundness of mind when doing the act, or not fit for trial, under the Mental Health Act 2000, chapter 7, part 6; or
(ii) is not criminally responsible for the act because the person was under 10 years when doing the act;
(c) a personal offence for which someone would have been tried on indictment, but for the fact that the person cannot be identified or found after appropriate inquiry and search.

(2) The person may make an application for payment of an amount by the State for the injury.

(3) An applicant relying on an offence mentioned in subsection (1)(c), if the person who did the act was never charged because the person was never identified or found, must show that the act was reported, as soon as possible having regard to all the circumstances, to--

(a) a police officer; or
(b) for a sexual offence--a police officer, doctor or an appropriate agency.
Example of an appropriate agency--
a report by a rape victim to a community centre that generally gives help to victims of rape

(4) The State may pay all or part of the amount requested up to the amount that could have been ordered to be paid to the applicant under a compensation order if the person who committed the act or offence were convicted on indictment of the act or offence.



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