South Australian Consolidated Acts South Australian Consolidated Acts (1) A person is
eligible to claim statutory compensation for injury caused by an offence
if—
(a) the
person is an immediate victim of the offence; and
(b) at
least one of the following conditions is satisfied:
(i)
the offence involved the use of violence or a threat of
violence against the person or a member of the person's immediate family;
(ii)
the offence created a reasonable apprehension of imminent
harm to the person or a member of the person's immediate family;
(iii)
the offence is a sexual offence;
(iv)
the offence caused death or physical injury.
(2) A person is
eligible to claim statutory compensation for grief suffered in consequence of
the commission of a homicide if the person is—
(a) a
spouse or domestic partner of the deceased victim; or
(b)
where the deceased victim was a child—a parent of the deceased victim.
(3) A person is
eligible to claim statutory compensation for financial loss suffered by the
dependants of a deceased victim if—
(a) the
victim died as a result of the injury caused by the offence; and
(b) no
previous order for statutory compensation has been made in respect of the
injury; and
(c) the
person is, in the opinion of the court, a suitable person to represent the
interests of the dependants.
(4) A person is
eligible to claim statutory compensation for funeral expenses if—
(a) a
victim dies in consequence of the offence; and
(b) the
person has paid, or is responsible for payment of, the victim's funeral
expenses.
(5) However—
(a) a
person is not entitled to statutory compensation if the injury arises from a
breach of statutory duty by the person's employer that occurs in the course of
the person's employment; and
(b) a
person is not entitled to statutory compensation if the person has received,
or is entitled to receive, workers compensation for the same harm under
Division 5 or 6 of Part 4 of the Workers Rehabilitation and
Compensation Act 1986 ; and
(c) a
person is not entitled to statutory compensation if the injury is caused by,
or arises out of the use of, a motor vehicle in circumstances in which the
injury falls within the ambit of a compulsory third-party insurance scheme
covering the motor vehicle (whether the vehicle is in fact insured under the
scheme or an action for damages lies against a nominal defendant); and
(d) a
person is not entitled to statutory compensation for hospital or medical
expenses that would, if no award for compensation were made, be recoverable
from a health fund or scheme; and
(e) a
prisoner is not entitled to statutory compensation for psychological injury
resulting from an offence committed in the prison unless the prisoner was
assaulted or suffered physical injury.
(6) If workers
compensation and statutory compensation are paid for the same harm 1 , the
payment of statutory compensation does not give rise to a right to recovery
under a law relating to workers compensation.
Note—
1 Note that this provision will only apply in the
comparatively rare cases where the payment of, or right to, workers
compensation does not operate to the exclusion of a right to statutory
compensation under subsection (5)(b) above.