Victim Impact Statements in South Australia: A Complete Guide

If you are going through the court process in South Australia, a victim impact statement is your chance to be heard. It is a written account, in your own words, of how a crime has affected you. The judge reads it before deciding the sentence.

This guide covers everything you need to know about writing and submitting one in South Australia. It also explains how your statement connects to compensation, and where to find support along the way. It is written for the person actually going through this, not for lawyers.

What a victim impact statement is in SA

A victim impact statement tells the court how a crime has affected your life. In South Australia it falls under section 14 of the Sentencing Act 2017. The court can only consider it once the person has pleaded guilty, or been found guilty at trial. It is read before sentencing, and it helps the judge understand the real, human impact of what happened.

Writing one is your choice. If you decide not to, the court will not take that to mean you were not harmed.

Who can make one in South Australia

Not every offence carries the right to a formal victim impact statement in SA. You are entitled to provide one if you suffered injury, loss or damage as a result of an indictable offence, or a serious summary offence that resulted in death, total incapacity or serious harm. Where someone has died, a close family member can provide a statement.

From 1 April 2025, the law also allows an impact statement where harm resulted from conduct connected to an offence, even where there is some question about exactly how the harm was caused. The same rules and process apply.

If you are not sure whether you qualify, the prosecutor on your case, or Victims of Crime SA, can tell you.

What to put in, and what to leave out

Your statement is about impact, not evidence. The court already has the facts of the crime. Your job is to describe the effect those facts had on you. You can write about how the crime affected you emotionally, physically, financially and socially, including your wellbeing, your relationships, your work, and your sense of safety.

There are some things to leave out, because they can make part of your statement inadmissible. Do not describe the details of the crime itself. Do not comment on the offender's character, and do not suggest what sentence they should receive. Avoid offensive or threatening language. If part of your statement is not allowed, the court will not read that part aloud or take it into account, though it can still accept the rest. For a fuller walkthrough of what to include and how to structure it, see our guide on how to write a victim impact statement.

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How to write and submit it in SA

South Australia has an official form to help you. Victims of Crime SA publishes an editable PDF called "In Your Words", which you can download, type into, and save. It includes plain guidance to make the writing easier. You do not have to use the form, but many people find it helps.

Once it is written, you can either print it, sign and date it, and hand it in, or send it electronically, in which case you do not need to sign it. Always keep a copy for yourself.

You give your statement to the prosecutor handling your case. For serious matters, this is usually the Office of the Director of Public Prosecutions. Get it to them before the sentencing hearing, with enough time for it to be reviewed. The prosecutor presents it to the court. Be aware that the offender is entitled to see your statement, and that it becomes part of the court file, which means the media may report on it. There are rules that protect the identity of victims of sexual offences.

Reading it aloud

You can choose to read your statement to the court yourself, or you can ask for it to be submitted without being read aloud. If you read it, this usually happens with the defendant present. Special arrangements can be made for vulnerable people, and in sexual offence matters the court can be closed. You can have a support person with you. If reading it aloud matters to you, or if you would rather not, tell the prosecutor early so it can be arranged.

How your statement connects to compensation

This is where many people in South Australia miss something useful. Your victim impact statement can play a part in getting compensation, and there are two separate paths.

Asking the court to order the offender to pay

The South Australian victim impact statement form lets you ask the sentencing court to order restitution, or offender-paid compensation, as part of the case. There is a section where you can say yes, state how much you are asking for, and attach evidence such as receipts, accounts or replacement estimates. This is one of the few times you can ask the court for something directly, so if you have out-of-pocket losses, it is worth completing this part carefully.

A few things help this go well. Tell the investigating officer or the prosecutor that you want compensation raised, because the request is dealt with at sentencing, and the prosecution can apply for it there. The court needs the detail of your loss, so receipts, invoices and quotes matter. And this path is the only way to claim for property loss or damage in South Australia, because the state-funded scheme below does not cover property.

Two honest things to know. The court will not order compensation the offender clearly cannot pay, so if they have little or nothing, an order may not be made. But South Australia backs the orders it does make. Compensation is paid to the court, which forwards it to you, and if the offender does not pay, the Fines Enforcement and Recovery Unit can take enforcement action to collect the debt. There is one more protection worth knowing: if the circumstances suggest compensation would be appropriate and the court does not order it, the court must give its reasons. Separately again, you can sue the offender for damages in a civil court, though that is generally only worth it if they can pay, so get legal advice first.

Applying to the Victims of Crime Fund

Separately, South Australia runs a state-funded compensation scheme under the Victims of Crime Act 2001, paid from the Victims of Crime Fund. This is for victims of violent and personal crimes, such as assault, robbery, home invasion and sexual assault. It can cover pain and suffering, past and future medical expenses, past and future lost wages, and other out-of-pocket costs. In homicide cases, close family can claim funeral costs. The maximum is $100,000, and the exact amount depends on when the crime happened. It does not cover property loss, theft, or fraud.

A few things are worth knowing about this scheme.

• You need your own lawyer to make a claim. The good news is that if your claim succeeds, the Victims of Crime Fund pays your legal costs and the cost of your medical reports, so for most people it costs nothing.
• You generally need to have reported the crime to Police and helped with the investigation.
• You should apply within three years of the offender being convicted, or within three years of the crime if the offender is unknown. In homicide cases, families should apply within twelve months of the death. If you are outside these times, it is still worth getting advice, as late claims can sometimes be accepted.
• Your claim is usually settled after the criminal case finishes, because the full impact on you may not be clear until then. If you are in financial hardship, an interim payment may be possible once your claim is accepted.
• Most claims are resolved by negotiation with the Crown Solicitor's Office, without going to court and without any contact with the offender.
• The scheme is built so that offenders pay where possible. The state can later recover what it paid you from the offender, but that happens between the state and the offender, and does not reduce your compensation.

Do you need your statement for a compensation claim?

This is a common question, and South Australia's answer is different from most states, in a good way.

For compensation ordered against the offender, your statement is not just recommended, it is the built-in way to ask. The official form carries the request, the amount, and your evidence, so your statement and your claim travel to the court together. Strictly, an order can still be made without one, on the prosecution's application or the court's own initiative, but if you want offender-paid compensation, the statement form is the natural place to say so.

For the Victims of Crime Fund, you do not need a victim impact statement, and it is not part of the application. That claim runs on medical evidence and legal argument, through your lawyer and the Crown Solicitor's Office, and you can claim even if the offender was never found. Your statement still earns its keep here, because it is the same account of harm your lawyer will be building, and the reports and receipts behind it support both.

How the two fit together

The same picture of harm sits underneath both your statement and a compensation claim. A claim is assessed on how the crime affected you physically, mentally and financially, which is exactly what your victim impact statement sets out. The medical reports and receipts you gather for one will help the other. So the work you do to write an honest statement is not wasted. It feeds straight into your claim. The simplest approach is to write your statement, flag any compensation you want to request on the form, and get legal advice about the Victims of Crime Fund early.

There is also a third, smaller path. For some offences, the Attorney-General has a discretion to make a grace payment to help a victim recover, even where there is no conviction. A lawyer or Victims of Crime SA can tell you whether that might apply.

Support services in South Australia

You do not have to face any of this alone. These are the main services in South Australia, what they do, and how to reach them.

• Victim Support Service (VSS) offers free, confidential counselling, a court companion service, information about the justice process, and help to prepare your victim impact statement. Call 1800 842 846.
• Victims of Crime SA, led by the Commissioner for Victims' Rights, is an independent office that helps victims, advocates on their behalf, and makes sure your rights under the Victims of Crime Act 2001 are upheld. Visit voc.sa.gov.au.
• The Witness Assistance Service, within the Office of the Director of Public Prosecutions, supports victims and witnesses in serious matters, explains the court process, and can help with your statement. Visit dpp.sa.gov.au.
• REBUILD, run by Relationships Australia SA, provides counselling specifically for people affected by crime, to help with trauma and the demands of the justice process. Call 1800 310 310.
• Yarrow Place supports people aged 16 and over who have experienced rape or sexual assault, with crisis care and counselling. Call 1800 817 421.
• Domestic Violence Crisis Line offers 24 hour crisis counselling, support and referral to safe accommodation. Call 1800 800 098.
• Legal Services Commission of SA gives free legal advice through its Legal Help Line. Call 1300 366 424.
• National lines: 1800RESPECT on 1800 737 732 for sexual assault and family violence, Lifeline on 13 11 14 for crisis support, and 13YARN on 13 92 76 for Aboriginal and Torres Strait Islander callers.

Quick answers

Can I ask for compensation in my victim impact statement in South Australia?

Yes. The official South Australian form lets you ask the court to order the offender to pay compensation or return your property, with a section for the amount and your evidence.

Do I need a lawyer to claim from the Victims of Crime Fund?

Yes, you need your own lawyer, but if your claim succeeds the Fund pays your legal costs and the cost of your medical reports, so for most people it costs nothing.

Do I have to read my statement aloud in court?

No. You can read it yourself, have someone read it for you, or have it considered without being read aloud. Special arrangements can be made, and the court can be closed in sexual offence matters.

Is there a length limit for a victim impact statement in SA?

No fixed limit. One to three pages is a common guide. Say what matters and stop.

Does the offender see my statement?

Yes, the offender is entitled to see it, and it becomes part of the court file. Rules protect the identity of victims of sexual offences.

How Justice Draft helps in South Australia

The hardest part of a victim impact statement is usually the blank page. Justice Draft was built for exactly that. Our free guided questions take you through it one step at a time, in plain language, and turn your answers into a finished statement. You can then put it onto the South Australian form, including the section that asks about compensation. Because a compensation claim rests on the same account of how you were harmed, the work you do here carries over.

A final word

There is no perfect victim impact statement. You are aiming for honest, in your own words. What happened to you mattered, and South Australia gives you a real place to say so, both to the court and, where it applies, towards getting some of what you have lost back.