The Tribunal may award a primary victim up to $20,000 for loss of earnings suffered, or likely to be suffered, as a direct result of their total or partial incapacity for work during a period of up to two years after the crime occurred.
In exceptional circumstances, the Tribunal may award a secondary victim up to $20,000 for loss of earnings suffered, or reasonably likely to be suffered, as a direct result of witnessing, or becoming aware of, the violent crime and which loss occurred during a period of up to two years after the occurrence of the crime.
A primary or secondary victim is only entitled to an award for loss of earnings after exhausting all other entitlements available, including those available pursuant to Social Security, WorkCover and Transport Accident Commission legislation.
Documentation required in support of a claim for lost earnings
Claims for loss of earnings must be supported by documentation that verifies the figures used to calculate the amount claimed as lost earnings. This may include:
(a) Advice in writing from the applicant's employer or, if self-employed, a statement detailing:
- Number of days/weeks absent from work;
- Reason for period of absence; and
- Gross loss and how amount is calculated including particulars of the basis upon which notional pre-injury earnings have been determined
(b) Medical report/certificate specifying the nature of illness or injury causing partial or total work incapacity and the duration of such incapacity
(c) Documentation verifying:
- WorkCover payments
- Transport Accident Commission payments
- Social Security payments
- All other payments received by the applicant or to which the applicant is or may be entitled during the period for which the loss of earnings claim is made
(d) If self-employed, tax returns for:
- the three financial years before the act of violence; and
- the financial years between the date of the act of violence and the end date of the period for which the loss of earnings claim is made.
(e) Any other documentation relevant to the loss of earnings claim.
For further information see Chief Magistrates Practice Direction 5 of 2008-Claims for Loss of Earnings.