Integrating restorative approaches in victims compensation and assistance

Author(s)Kirchengast, Tyrone
Title Integrating restorative approaches in victims compensation and assistance
Source Conference paper, Australian & New Zealand Critical Criminology Conference 2009, Monash University.
Date 2009
Document type Conference paper
Coverage Australia
Summary This paper discusses the legislation establishing criminal injuries compensation and victim assistance schemes across Australian states and territories. All compensation schemes, with the exception of South Australia, award compensation outside the criminal law and sentencing process. It is not clear in South Australia whether, by conflating compensation and punishment in the sentencing process, the victim is brought into consideration in new ways. Victim compensation is generally seen as a means of restoring the victim without impacting on the criminal law and procedure and the rights of the defendant in sentencing. The author concludes by suggesting that it needs to be reconsidered whether compensation and assistance programs meet the restorative needs of victims as they pertain to offence seriousness and choice of punishment.
Keywords Compensation; criminal injuries compensation; victim assistance schemes; victim's participation; defendant's rights