Once a compensation order under this Act has become final, how far does the victim's right to claim damages in another procedure reach?
General information · Not legal advice
Material to check
In a practice file we read the protective disposition decision that carries the compensation order, any paper showing it has become final, and the statement of the amount awarded, since the bar the provision sets operates only within the range of that amount. We also read any claim for damages the victim has brought in another procedure, to see what it covers.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading keeps the limit the provision states on its face: once a compensation order under this Act has become final, the victim cannot claim damages in another procedure only within the range of the amount awarded, so the bar is partial rather than complete.
Another reading notes what the provision leaves open: it bars the victim's claim in 'another procedure' without naming which procedures or which kinds of loss it covers, so the file has to show what the awarded amount was granted for before the reach of the bar can be mapped.
Your judgment
If a later claim in another procedure seeks loss of a kind the awarded amount was not granted for, how could the file show that loss falls outside that amount's range?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the scope of the bar, or if a court decision explains which procedures or which heads of loss fall within the range of the awarded amount.