Law Society of SA calls for reform of $194m Victims of Crime levy, says survivors unjustly denied financial help

The Attorney-General has been urged to step in after revelations abused women are paying to have their broken teeth fixed – as a $194m levy sits there.

Lawyers have thrown their support behind victims of crime, saying they have been “unjustly” denied access to a $194m government levy that “can comfortably afford” to help them.

The Law Society says legislation capping compensation is “without justification”, given the Victims of Crime levy’s $50m turnover last year, and should be immediately scrapped.

In a letter to Attorney-General Kyam Maher, it says the current scheme is so inadequate that domestic violence survivors “with broken teeth” had been left to pay their own Medicare gap.

“(It) is unjust to victims and without justification on financial grounds, given the fund can comfortably afford to pay victims their full compensation,” it says.

“This arbitrary reduction of compensation has caused great hardship to victims, compounding the physical and psychological stress of trying to recover from their injuries.”

SA Attorney-General Kyam Maher. Picture: NCA NewsWire / Naomi Jellicoe

Last week, The Advertiser revealed the government last year accrued $50m through the levy but only spent $26m on victims, while $194m has been banked since 2017.

Survivors and advocates called on Mr Maher to break open the piggy bank, suggesting 11 ways the money could help victims and the organisations that support them.

The society’s new president, James Marsh, said two amendments should be made to the Victims of Crime Act (2001).

The first would abolish the cap on the amount victims can claim from the fund, “significantly improving justice outcomes” without “putting undue strain” on the fund.

“If a victim has suffered financial loss of more than $2000, then any compensation of more than $2000 is reduced by 25 per cent,” Mr Marsh said.

“If a domestic violence victim with broken teeth had to pay $14,000 for dental surgery, the victim would only receive $11,000 from the fund.

“The victim would have to make up the $3000 shortfall to pay for dental surgery.”

The fund also caps payments to lawyers, representing victims in their compensation claims, at $1400 – the society says that should be amended to $2200.

In its letter, it warns the payment cap “vastly undervalues the work needed to run a claim”, meaning few lawyers were willing to take on their cases.

“The upshot of this is that victims have limited access to legal representation,” it says.

“The Society is gravely concerned that a significant number of victims who have no other recourse for redress other than to make a claim will not have access to legal assistance.”

Mr Marsh said Mr Maher had advised he “will consider” the society’s recommendations and he looked forward to “engaging positively with parliament”.

“Requiring victims to bear a significant part of the cost of medical treatment and loss of income seems inconsistent with the fundamental principle that victims be treated with courtesy, respect and sympathy,” he said.