Type:	Journal Article
Title:	The failure of criminal injuries compensation schemes for victims of intra-familial abuse: the example of Queensland
Other Titles:	Torts law journal
Authors:	Forster, Christine
Keywords:	Legal issues
Year:	2002
Publisher:	Butterworths
Citation:	10 (2), June 2002
Notes:	Provides an overview of the development of statutory compensation schemes for victims of crime in Queensland, their operation and limitations and discusses the prevalence and hidden nature of domestic violence in all Australian jurisdictions. Challenges the requirement, under Queensland legislation, that before any order of compensation can be made, a criminal conviction of the offender is required and argues these provisions are illustrative of a legal system which views crimes of violence solely as ‘one off’ incidents perpetrated by strangers. The implementation of ‘related acts’ provisions in all jurisdictions, which have the effect of collapsing repeated acts of violence into one claim, is also critically examined as are current judicial interpretations of what constitutes a ‘bodily injury’. Positive developments, such as the expansion of judicial definitions of damage to include ‘nervous shock’ and the implementation of ‘adverse impact’ provisions for victims of sexual offences are highlighted and it is suggested that while these may signify a shift in the right direction, recognition of the vocational, educational, social, behavioural, interpersonal and cultural harm suffered by victims of familial abuse remains lacking.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/17094
ISSN:	1038-5967
Appears in Collections:	Journal Articles

Items in ANROWS library are protected by copyright, with all rights reserved, unless otherwise indicated.