Hearing Process
Overview of the Victims’ Special Claims Tribunal hearing process.
In most cases, the Victims' Special Claims Tribunal determines a victim's claim based on the written material submitted by all parties.
In exceptional circumstances, the Tribunal may need oral submissions in the interests of justice.
Notifying the offender
An offender must be notified of the nature and extent of the victim's claim and be given reasonable opportunity to make a written submission to the Tribunal.
Accessing court documents
The Tribunal may access court records and documents to help determine a claim, including previous criminal proceedings. A finding of fact in previous criminal proceedings is conclusive evidence for the purposes of determining a victim's claim.
Victims only have to provide information about the harm or loss they have suffered - they won't have to re-prove details of the offender's crime.
Types of evidence
A Tribunal may receive as evidence any statement, document, information, or matter that, in the Tribunal's opinion, may help it to determine a victim's claim, whether or not it would be admissible in a court of law.
What the Tribunal must decide
Before it can order any money be paid to the victim, the Tribunal must be satisfied that:
- the claimant is a victim of the offender
- the victim has suffered loss or damage due to the offence in questions, and has not received other forms of compensation
- damages are claimable under general law.
If these conditions are met, the Tribunal may, at its discretion, order that an amount of money be paid to the victim. It may also order payment of an amount of money that the victim and offender agree to, and that the Tribunal considers reasonable, by way of final settlement of the victim's claim.
Determining the amount to be paid
The Tribunal must determine the amount to be paid to the victim without taking into account the amount held in the trust account of the offender. When determining an amount to be paid, the Tribunal must apply the general law relating to the awarding of damages. Interest may also be awarded.
The amount a victim can claim isn't limited to the amount in the trust account, and may well exceed it. If the amount awarded to the victim is equal to or less than the money in the account, the award is to be paid in full. If the amount awarded exceeds the money held in the account, that money is transferred to the victim as part payment of the total amount.
Any surplus remaining in the trust account must be released to the offender, subject to any prior court orders to withhold compensation to settle the offender's unpaid fines.
Enforcing payment
The victim may enforce payment of the unpaid portion by deduction from any future amounts awarded to the offender as compensation for breach of his or her rights. Or it may be recovered as a judgment of the District Court.
