Criminal injuries compensation, victim assistance programs and restoration in Australian sentencing law

 
 
Author(s)Kirchengast, Tyrone
Title Criminal injuries compensation, victim assistance programs and restoration in Australian sentencing law.
Source The International Journal of Punishment and Sentencing, Vol. 5, No. 3, 2009: 96-119
Date 2009
Document type Journal article
Coverage Australia
Summary This article examines legislation in Australia that establishes victim assistance, including criminal injuries compensation, counselling and court support schemes. One notion explored is whether the current practices and legislation regarding criminal injuries and victim's compensation best restores the victim in the context of their needs as an individual within the criminal justice system. The victim is largely removed from the criminal process to an administrative process for the purposes of compensation and the author discusses whether alternatively compensation could be adjudicated at the sentencing hearing, thereby giving the victim a voice in the criminal process. An overview is provided of the compensation processes in each state followed by a discussion on sentencing and common law orders.
Keywords Compensation; criminal injuries compensation; victim assistance schemes; victim's participation; defendant's rights
Topic Compensation