Guthrie Robert
J Law Med. 2015 Sep;23(1):189-203.
Each year large numbers of persons sustain injury as a consequence of criminal behaviour. All Australian jurisdictions provide State-funded compensation to those harmed in this way. In the case of vulnerable applicants, the Assessor must consider not simply the appropriate and fair amount of compensation, but also how a person will be affected by the payment of compensation. Often a vulnerable applicant will apply through a guardian or a public trustee, although many apply in person. This article examines the use of legislative provisions, rules, regulations and practices in the various Australian jurisdictions in relation to how vulnerable applicants may be protected and supported once an award of compensation is made in their favour. Most jurisdictions provide for a mechanism by which compensation may be held in trust where the Assessor considers that the applicant may be unable to manage his or her financial affairs in his or her best interests. This article explores what factors are taken into account by Assessors in the absence of and pursuant to legislative directions. It considers how the approach may vary across jurisdictions and creative approaches to financial protection of vulnerable applicants.
每年都有大量人员因犯罪行为而受伤。澳大利亚所有司法管辖区都为以这种方式受到伤害的人提供国家资助的赔偿。对于弱势申请人，评估员不仅要考虑适当和公平的赔偿金额，还要考虑赔偿支付会对一个人产生怎样的影响。弱势申请人通常会通过监护人或公共受托人提出申请，不过也有许多人亲自申请。本文探讨了澳大利亚各司法管辖区在做出有利于弱势申请人的赔偿裁决后，如何通过立法规定、规则、条例和做法来保护和支持他们。大多数司法管辖区都规定了一种机制，即当评估员认为申请人可能无法以其最佳利益管理自己的财务事务时，可以将赔偿款交由信托机构保管。本文探讨了评估员在没有立法指示和依据立法指示的情况下会考虑哪些因素。它考虑了不同司法管辖区的做法可能存在的差异，以及对弱势申请人进行财务保护的创新方法。
