Page 898 - Week 03 - Thursday, 14 March 1991
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MR COLLAERY (Attorney-General) (10.43): Yesterday, in anyone's language, was an extraordinary day in the time of this Assembly. I did have a written notice on my desk throughout the session to advise the Clerk yesterday, but I neglected to hand it to him. If that results in the judgment that Mr Berry says, well, so be it.
Question resolved in the affirmative.
MR COLLAERY (Attorney-General) (10.44): I present the Criminal Injuries Compensation (Amendment) Bill 1991. I move:
That this Bill be agreed to in principle.
The main purpose of this Bill is to increase the maximum award of compensation payable to the victims of violent crime. Secondly, the Bill also gives the Territory a right of subrogation to recover the compensation awarded from the offender. Thirdly, the amendments will simplify procedures regarding applications for compensation.
The Government is committed to providing just compensation to the victims of crime. The Government recently enacted improvements to the domestic violence and keep the peace legislation aimed at preventing violence in the home. I have also given the Law Reform Committee a reference to examine legislative proposals for victims' rights and reconciliation. This Bill forms part of the Government's victims package and proposes improvements to the criminal injuries compensation scheme, particularly the amount of money a victim can claim.
I now turn to details of the Bill. The Bill will increase the maximum award of compensation from $20,000 to $50,000. This measure brings the Territory law on compensation for victims of crimes into line with criminal injuries compensation legislation in a number of other jurisdictions. However, when determining the amount of compensation, the court will take into consideration the Medicare benefits received or receivable by the victim. The court already takes into account the benefits received or receivable by the victim under a contract of insurance.
The Bill will also revoke the court's discretion to refuse to determine an application if the applicant has not taken steps to enforce rights or pursue remedies. As such, the applicants will no longer be deterred by any uncertainty as to whether they could seek compensation readily under the legislation. As a means of recouping some of the costs of the scheme, it is proposed to introduce a right of subrogation in the Territory to recover direct from the assailant, or person found guilty, or on whom a positive finding of guilt has been made, any compensation paid to the applicant under the Act.
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