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About this blog

The authors of this blog are lawyers or consultants employed by the RCT Group of companies, which includes staff who work mainly within our Stringer Clark offices.

From time to time, we may also invite guest bloggers to contribute, in which case this will be made clear. Authors who are part of the RCT Group are qualified to practice law in Victoria, Australia. Any advice applies to Victorian State law as at the date of first publication. The information is a general guide only and is not a substitute for legal advice applicable to a user's own circumstances.

Residents of other Australian States or Territories or countries are advised to seek legal advice from a lawyer practising in their own area, as laws may vary from region to region.

Recent Authors

Angela Sdrinis is a senior partner with Ryan Carlisle Thomas. She is an LIV Accredited Specialist in Personal Injuries with extensive experience in Comcare matters.

Richard Derks is a Partner of the firm and practices in the area of personal injury including WorkSafe and transport accidents. He is an advocate in a variety of forums for the rights of the victims of accidents at work and on the roads.

Shaun Marcus is a Partner of the firm. He is an LIV Accredited Specialist in Personal Injuries, practising in this area with a particular focus on workers compensation and asbestos claims.

Peter Claven practices in personal injury at our Warrnambool office. He joined Stringer Clark in 2007 and is a member of the Australian Lawyers Alliance.

Michael Burdess joined Stringer Clark in early 2006 and practices in the area of personal injury including WorkSafe and TAC.

Penny Savidis is a Partner of the firm and practices predominantly in the area of employment law.

New victims of crime compensation laws don't address the real problem

Victims of crime will find it easier to access compensation, following changes announced just recently by the Victorian Government.

Changes to the law will give the Courts the powers to order offenders to pay compensation to victims of crimes which lead to the loss or damage to property, such as broken shop windows, graffiti, car damage and so on. Where there is sufficient evidence, the Courts will be able to order compensation without the need for the victim to make a separate application or give formal evidence.

While the changes are welcome, what they ignore is the difficulty in getting hold of the money and assets that many criminals simply hide or squirrel away, making it impossible for the victim to win any compensation.

But this would mean topping up Government funding to the Criminal Proceeds Squad of Victoria Police. The Squad's job under existing laws is to make enquiries into the assets of offenders and take action to freeze those assets pending an application for compensation by the victim under the Sentencing Act. These police still have their hands tied behind their backs and labour under a policy that prevents them from taking action unless the compensation in question is more than $30,000.

Regardless of what powers the Court has to make orders to compensate the victim without a formal application being made, if the offender has already squandered his assets or transferred them to someone else, then it is going to be a hollow victory for the victim.

Victims may not be better off than they are at present, particularly if no one has the time or resources to stop the offender ridding themselves of assets.

If an offender does not pay a fine to the State, they are able to undertake community work to pay it off. Why not make it possible for offenders who have no assets to also pay off their compensation debts to victims by doing community work?

The finer details of the legislation requires examination.

Creon Coolahan is a solicitor with Ryan Carlisle Thomas (incorporating Stringer Clark) and has a particular interest in Crimes Compensation.

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