Page 1325 - Week 05 - Tuesday, 16 April 1991
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their acts have consequences on others and that those consequences must be addressed. I think that is a useful initiative taken by the South Australian Government and one that may be looked at with interest here. In short, the Opposition has no objection to this legislation and wishes it a speedy passage through this place.
MS MAHER (8.38): I congratulate the Attorney-General for introducing the Criminal Injuries Compensation (Amendment) Bill 1991 as another part of the victims package of the Alliance Government. The Bill contains long awaited measures to reform the criminal injuries compensation law of the Territory and remedies inadequacies in the legislation. The main objective of the Bill will be to increase the maximum award of compensation payable to the victim of violent crime under the Criminal Injuries Compensation Act from $20,000 to $50,000, which brings it into line with several other jurisdictions, particularly those in New South Wales. As Mr Connolly mentioned, an ACT court recently led the way in awarding compensation to a person who had suffered incest.
Another notable measure proposed in the Bill is conferment of the right of subrogation on the Territory. Where the applicant has not taken civil action to recover damages or compensation for the relevant injury, the right would enable the Territory to recoup the award of compensation from the assailant against whom there is a positive finding of guilt. In view of the Territory's right of subrogation, it is no longer considered necessary to require the victim to pursue damages from the assailant.
For this reason the Bill proposes to revoke the court's discretion to refuse to determine an application if the applicant has not pursued other remedies. This takes stress off a victim who is already under enormous stress. Although this discretion has rarely been exercised, its existence creates a degree of uncertainty in proceedings and can lead to time consuming adjournments. The revocation of the court's discretion will enable an applicant to seek compensation under the Act undeterred by any uncertainty as to whether the application will be accepted.
In its objective of ensuring just compensation for the crime victim expeditiously, the Bill proposes to simplify the application process. The application will need to be supported by an affidavit and accompanied by the relevant medical reports and other relevant documents. The court will thereby have all necessary information at the application stage and will be able to make a determination as soon as possible. The application will be required to be lodged with the Registrar of the Supreme Court or the Clerk of the Magistrates Court, depending on the appropriate jurisdiction. This measure is designed to promote administrative convenience and to reduce paper shuffling within the court system.
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