South Australian Consolidated Acts South Australian Consolidated Acts18—Application for compensation
(1) A person who is
eligible to claim statutory compensation may, within the initial application
period, apply for statutory compensation.
(2) The initial
application period is—
(a) for
an application by a victim—3 years after the commission of the offence;
(b) for
an application arising from the death of a victim—12 months after the
date of death.
(3) An application is
to be made in the first instance to the Crown Solicitor.
(4) The following
requirements apply to and in relation to the application:
(a) the
application must—
(i)
contain the information required by the regulations; and
(ii)
be accompanied by any medical reports relevant to the
injury in the possession of, or accessible to, the claimant; and
(iii)
be accompanied by any further documents required under
the regulations; and
(b) the
information contained in an application must be verified by statutory
declaration; and
(c) a
copy of the application must be served on the offender unless—
(i)
the identity of the offender is unknown; or
(ii)
the Crown Solicitor exempts the applicant from this
requirement on the ground that the whereabouts of the offender are unknown and
cannot be readily ascertained.
(4a) If—
(a) the
claimant is a child or other person who is not of full legal capacity; and
(b) the
Crown Solicitor and the person acting on behalf of the claimant propose to
settle the claim for statutory compensation by agreement; and
(c) an
application is made to a court for an order or orders in respect of that
agreement,
the offender must not be joined as a party to the proceedings before the court
on that application.
(5) If a claim for
statutory compensation has not been settled by agreement between the Crown
Solicitor and the claimant within 3 months after the application is made or a
longer period agreed between the Crown Solicitor and
the claimant (the "period for negotiation"), the claimant may apply to the
court for an order for statutory compensation.
(6) An application to
the court under subsection (5) must be made on or before the later of the
following:
(a) the
end of the initial application period; or
(b) the
end of the period of 6 months that follows immediately after the end of the
period for negotiation.
(7) The court may, for
any proper reason, extend a period of limitation fixed by this section.