Reparation Payments and Statutory Financial Assistance
Reparation Payments and Statutory Financial Assistance
When you have been harmed by violence, abuse or serious safety failures the law sometimes provides reparation or recognition payments outside the usual civil claim process.
These payments can arise through:
- court ordered reparation, restitution or compensation as part of sentencing for criminal or safety offences
- victims of crime financial assistance or recognition payment schemes in each State and Territory
- outcomes linked to work health and safety (WHS) prosecutions or enforceable undertakings where regulators focus on victim reparation as well as penalties
At Donaldson Law we help survivors understand where these reparation style payments fit alongside civil claims, National Redress Scheme options and other entitlements. Our role is to make sure you do not miss opportunities for statutory financial recognition and that you do not accidentally give up rights by taking one pathway without understanding the others.
What Are Reparation Payments
“Reparation” is a broad concept. In this context it usually means a payment ordered or authorised by legislation that aims to acknowledge and partly repair the harm caused by an offence or act of violence.
Examples include:
- a special assistance or recognition payment under a State or Territory victims of crime scheme
- payments linked to WHS prosecutions or enforceable undertakings where a regulator requires an offender or organisation to fund victim support or recognition as part of the response
These payments are usually:
- capped and standardised under the relevant scheme
- focused on recognition and basic financial support rather than full compensation for lifelong loss
- separate from and in addition to any criminal sentence such as imprisonment or fines
They can however make a real difference, especially when combined with carefully run civil claims or other reparation processes.
Types Of Reparation Pathways We Work With
We do not run every matter. Our focus is on serious harm linked to abuse, institutional failures or extreme safety breaches. Within that frame we commonly assist with:
Court Ordered Reparation, Restitution or Compensation
- pay restitution for property loss or damage
- pay compensation for injury caused by the offence
- make a reparation payment that covers economic and in some cases non economic loss
This can apply to:
- Commonwealth offences prosecuted by the CDPP
- State offences including sexual offences, serious assaults and some WHS offences where general sentencing powers allow orders for restitution or compensation in addition to fines or imprisonment
We help survivors to:
- identify whether reparation or compensation orders are realistic in their case
- ensure prosecutors receive the necessary information before sentencing if a reparation order is to be requested
- understand how any reparation order will interact with victims of crime assistance, civil claims and other payments
WHS Related Reparation Outcomes
- prosecute employers or other duty holders under harmonised WHS laws
- seek penalties that include fines plus orders aimed at restoration or victim support
Courts in WHS prosecutions can, in some jurisdictions, use general sentencing powers to order compensation or restoration for injured workers in addition to penalties, where the economic loss is directly connected to the WHS offence.
Our role is to:
- help you understand what role you can play as a victim in WHS investigations and prosecutions
- liaise with regulators and prosecutors, where appropriate, about reparation or compensation possibilities
- ensure any WHS related reparation outcome is factored into the strategy for civil claims or other entitlements
How Reparation Payments Fit With Civil Claims and Other Options
Reparation payments are not a replacement for full civil compensation in strong cases. They are one part of a larger picture that also includes:
- civil claims against institutions, employers or offenders
- National Redress Scheme options in institutional child sexual abuse matters
- DVA, superannuation or other entitlements for Defence members
- workplace and human rights pathways for discrimination and harassment
We pay particular attention to:
- double dipping and offset rules – some schemes reduce payments if you have already received compensation elsewhere, and some reparation or assistance payments may affect later civil damages in limited ways
- release or waiver issues – some processes require you to give up certain rights in exchange for a payment, others do not
- timing – in some cases it is better to secure a statutory recognition payment early, in others it is better to resolve civil claims first
Our aim is to build a coherent reparation strategy that uses the available pathways to support your recovery and long term stability rather than leaving you with fragmented or conflicting outcomes.
Why Survivors Choose Donaldson Law For Reparation Work
Survivors choose Donaldson Law because:
We are an abuse and institutional accountability firm
We understand the web of schemes and orders
We are trauma informed and realistic
We act nationally
We collaborate across Better Lawyers Group
Explore Your Options
How We Work With You On Reparation Payments
When you contact us about reparation or statutory payments you may already be involved in:
- a criminal case as a complainant or witness
- a WHS investigation or prosecution
- a civil abuse or institutional claim
- an application to a victims of crime assistance scheme
You do not need to have all of the paperwork sorted. We usually start by:
Listening to what has happened – including where and when the violence, abuse or safety failure occurred
Identifying the relevant jurisdictions and schemes – criminal, WHS, victims of crime assistance, redress and civil
Mapping what is already underway – including any criminal charges or existing applications
Outlining realistic reparation options – what is open now, what might need to wait and what is not worth pursuing
Designing a sequence – so that reparation payments, assistance schemes and civil claims work together rather than cutting across each other.
Agreeing on the level of support you want from us – from a one off advice letter to ongoing representation as part of a broader matter
You remain in control of whether to pursue a particular reparation pathway and how far to take any process.
Reparation Payments FAQs
If you have experienced violence, abuse or a serious safety failure and you are unsure what reparation or statutory financial assistance might be available you can contact us by phone, email or through our online form.
