Prisoner Awarded Damages
Prisoners can seek and be awarded compensation for damages through the court system. In some cases, victims are able to make a claim on these monies for the recovery of damages.
The Prisoner Compensation Quarantine Fund
Prisoners can seek compensation for a range of matters including alleged injuries or loss of property whilst in prison.
If they are successful in their claim, the money may be held in the prisoner compensation quarantine fund for 12 months (initially).
The money can be quarantined if the amount of the claim exceeds $10,000 (and the award meets other legislated criteria).
This is set out in legislation – in the Correctional Services Act 1982.
Quarantined money and victim claims
DCS will publicise this information to ensure victims have a greater chance of finding out about the award.
There will be a “Notice of an award of damages to a prisoner”. It will be published in the follows ways:
- on this webpage and also in a news item on our website
- as a media release to the daily newspapers for South Australia and Australia
- in the South Australian Government Gazette.
How to apply for recovery of damages
Registered victims will be notified of any relevant awards to prisoners that have been quarantined.
Compensation is not automatically paid to victims. A victim must apply. We advise that victims should seek legal advice on the process of making a claim.
Victims wanting to make a claim should contact the Victim Services Unit for further advice on eligibility and the application process.
Telephone: 1800 370 550
Current prisoners with monies in a Prisoner Compensation Quarantine Fund
There are currently no prisoners with monies in Prisoner Compensation Quarantine Fund.
Criminal Injury Compensation
We have no involvement with Criminal Injury Compensation matters for victims. Information about compensation for criminal injury and loss is available from The Commissioner for Victims’ Rights.