Queensland Consolidated Acts Queensland Consolidated Acts(1) An application to a court for a compensation order against a convicted person must be made--
(a) within 3 years after the end of the convicted person's trial; or
(b) if the applicant is a child at the time of the trial--before the end of 3 years after the child becomes an adult; or
(c) with the court's order under section 41--at any other time.
Example 1--
G is convicted on indictment of unlawful grievous bodily harm of V. V is a witness at the trial and medical evidence about the harm is presented at the trial.
The prosecutor, or V's lawyer, at the end of G's sentence, makes an application for a compensation order. The trial court decides the application then.
Example 2--
R is convicted on indictment for the rape of V, a young child.
The prosecutor at the trial, or another lawyer acting on V's behalf, makes an application for a compensation order and asks that the application be adjourned to a day to be fixed.
The presiding judge makes the order on the basis that, having regard to the age of the child and other relevant circumstances, it is appropriate that the application be decided when the applicant is older.
Example 3--
R is convicted before the District Court on indictment for the rape of V, a young child.
When V is 19, V applies to the District Court for a compensation order.
V has not previously made an application.
The District Court accepts and decides the application.
(2) An application to the State under section 33, 34 or 35 must be made--
(a) within 3 years of the time when the relevant event happens; or
(b) if the applicant is a child when the relevant event happens--before the end of 3 years after the child becomes an adult; or
(c) with the Minister's order under section 41--at any other time.
(3) In this section--
relevant event means the act, offence, helping of a police officer, murder or manslaughter to which an application relates.