[date]
[client name]
[address]
[SUBURB] [STATE] [POSTCODE]
Dear [client name]
Compensation for victims of crime
Thank you for coming to the Homeless Persons Legal Clinic (HPLC) at [host agency] on
[date].
You told us that: [give brief details including date of alleged offence]
[If the client HAS NOT reported the offence to the police and is not a ‘special victim’]:
From what you have told us, it seems that you have not lodged a complaint with the police
about what happened. You should immediately lodge a complaint with the police by going to
your local station. If you are worried about reporting it to the police for some reason please
feel free to discuss this with us at another appointment.
[If the client HAS NOT reported the offence to the police and is a ‘special victim’: special
victims include children under the age of 18, people with impaired capacity and victims of
rape/sexual assault’:]
From what you have told us, you will fall under the category of ‘special victim’ and so even if
you decide not to lodge a complaint with the police, you may still be able to apply for
assistance from Victim Assist. Just reporting what happened to your doctor, counsellor or
psychologist will be enough. Please let us know if you have not reported it to any of those
people.
[If the client HAS reported the offence to the police]:
You have told us that you reported what happened to the police. Please let us know straight
away if that is not correct.
[NB if offence occurred outside Queensland, delete next paragraph and paragraphs 1 and 2
and use only paragraph 3]
There are two main ways for you to try to get compensation and we will now give you details
about both of these.
[look at brochure on Victim Assist to see whether or not you think the client is eligible for the
program]:
1. Financial assistance through Victim Assist Queensland
You [can apply/are probably not eligible] for assistance through Victim Assist Queensland. If
eligible, you can get money through that program to pay for goods and services to help you
recover from the effects of the crime (or be reimbursed for these expenses if you have already
paid).
We enclose:
a)
b)
c)
brochure on Victim Assist Queensland,
financial assistance application form; and
medical certificate.
If you would like to apply to this program, please return the completed application form and
medical certificate to us. The medical certificate needs to be filled out by your doctor and
should clearly state that you were injured (physically or psychologically) as a result of the act
of violence. We can then lodge it on your behalf. If you would like our help with filling out the
application form, please feel free to let us know and then [come back to/make another
appointment at] the legal clinic.
It is important to know that you must make any application to Victim Assist Queensland within
3 years from the date of the act of violence. If you intend to apply, you must do so by
[calculate when the 3 year period will expire].
While there is a procedure for obtaining leave (which means ‘permission’) of the Court to
extend that time limitation, leave is difficult to obtain and is rarely given. You should therefore
regard the time limitations mentioned as strictly applying to your situation.
For more information on Victim Assist Queensland you can always call the program’s
Information Officer on 1300 546 587 between 8.30am and 5.00pm.
2.
Civil claim against [name] for personal injury
Sometimes, a victim of crime can bring a civil claim against the person who committed the
crime. This is also known as a claim for damages for personal injury.
Unfortunately the Homeless Persons' Legal Clinic does not take on these types of cases
because there are law firms that will accept certain personal injury cases on what is called a
‘speculative basis’. This is sometimes known as ‘no-win, no-fee’. This means that we cannot
give you detailed advice about any potential personal injuries claim. If you want more advice
on whether or not you should start court action against [name] for personal injury, you should
get advice from a lawyer who specialises in personal injuries law.
If a firm agrees to help you on a speculative basis, this means that the firm would not require
you to pay any professional fees, unless and until your case is successfully concluded.
However, if you are unsuccessful in any court case, you should be aware that you may have
to pay the other party’s legal expenses. You may also have to pay for some expenses of your
own lawyers such as court filing fees and photocopying expenses.
Finally, if you agree with a law firm that they will do this legal work for you on a speculative
basis, you will need to sign a “Costs Agreement”. It will specify certain events that will mean
you have to pay their professional fees even if you don’t win the case. It is important you
understand any Costs Agreement before you commit to a firm.
Below are some well known Brisbane personal injury firms which may be able to assist you on
a speculative basis. Alternatively, you can contact the Queensland Law Society on (07) 3842
5842 for other recommendations.
MurphySchmidt
McInnes Wilson
130 Mary Street
Brisbane 4000
T (07) 3303 9800
F (07) 3303 9888
www.murphyschmidt.com.au
Level 14, Central Plaza One,
345 Queen Street
Brisbane QLD 4000
T (07) 3231 0600
F (07) 3221 0479
www.mcw.com.au
Maurice Blackburn
Shine Lawyers
Level 3, 193 North Quay
Brisbane QLD 4000
T (07) 3016 0300
F (07) 3236 1966
www.mauriceblackburn.com.au/
Level 6, 30 Makerston Street
Brisbane QLD
T (07) 3006 6000
F (07) 3229 1999
www.shine.com.au
Slater and Gordon
Trilby Misso
Level 14, 307 Queen St
Brisbane, QLD 4000
T 1800 555 777
F (07) 3221 6058
www.slatergordon.com.au
288 Edward Street
Brisbane QLD 4000
T 1300 874 529
F (07) 3331 9180
www.trilbymisso.com.au
As well, once you have signed up with a law firm, you can ask them to apply for the Civil Law
Legal Aid Scheme on your behalf. This Scheme pays for certain expenses associated with
civil claims and in some circumstances contributes towards the solicitor’s professional fees.
Further information can be found at http://www.legalaid.qld.gov.au/publications/awarenesspromotional/brochures/pages/cllas-client-guide.aspx.
Again, it is important to know that you must start any court action within 3 years from the
date of the act of violence. In your case, this means you must do so by [calculate when the 3
year period will expire]. If court action is not started within the 3 years, you will probably be
barred from pursuing it, even if you have a strong case. There are also other legal steps that
need to be taken before you can start court action and if you plan to go down this path, you
should talk to a lawyer who specialises in this area as soon as possible.
[if offence occurred in another state]:
3. Offences which occurred in another state
We note your instructions that the [offence/s] occurred in [state name]. We cannot give you
legal advice about compensation for criminal offences which occurred outside Queensland.
We recommend that you contact [eg the Homeless Persons Legal Service (a project of the
NSW Public Interest Law Clearing House) on (02) 9114 1793 or by writing to:
Coordinator
Homeless Persons' Legal Service
GPO Box 863
SYDNEY NSW 2001]
Please telephone the legal clinic coordinator, [coordinator’s name], on 07 3846 6319 if you
have any questions about this letter.
Yours faithfully
Tony Woodyatt
Director
Our Ref: [HPLC/RCLC]:[Clinic]:[client’s last name]