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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5055
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I have a civil matter where a 13 yr old has damaged 4 panels

Customer Question

Hi I have a civil matter where a 13 yr old has damaged 4 panels of my car, a police report was done, child admitted fault im front of parents and 2 indepandent individuals from our church, parents have requested quotes which were provided, they tried to claim via their public liabilty which was denied, now they are saying she didnt do it, yet I have numerous communications from the motehr asking for quotes etc.
Total cost damage $2600, car hire for 1 week during repair of vehicle $557, my time just getting the quotes $190,
How much will it cost me through legal to get this money and can i claim legal cost on them?
Submitted: 8 months ago.
Category: Australia Law
Expert:  Daniel replied 8 months ago.
HelloWas the person charged by the police?
Customer: replied 8 months ago.
They will be charged which is the 13 year old
Expert:  Daniel replied 8 months ago.
Well the police can seek an order for compensation for that amount. A court will grant the order.
Customer: replied 8 months ago.
the police said they dont get involved in the monetry side though
Expert:  Daniel replied 8 months ago.
Police can, and will. I undertake plenty of criminal matters where the police seek compensation for damage to property. I suggest that the officer you spoke to was lazy or just didnt want to do so. It is a simple formality. I suggest making it clear that they need to seek a compensation order, or speak to one of his superiors and attend to it.
Expert:  Daniel replied 8 months ago.
It forms part of the penalty.
Customer: replied 8 months ago.
Even if its for a 13 year old?
Expert:  Daniel replied 8 months ago.
Yes, an order can be sought for that, and or have the parents liable.
Customer: replied 8 months ago.
Is there a special form i need to request for this ?
Expert:  Daniel replied 8 months ago.
No, just demand that the compensation order is made, and provide an invoice / quote for the work.
Customer: replied 8 months ago.
Should i speak to a superviser if this officer doesnt do this?
Expert:  Daniel replied 8 months ago.
Yes, I suggested that above. Seriously, it happens all the time. Well, here in NSW it does. Please click accept and rate my service. I am able to answer further questions after doing so also.
Customer: replied 8 months ago.
Where are you based in NSW, can I use you in court if needed?
Expert:  Daniel replied 8 months ago.
I am located in south west Sydney. You need not have me as the police will arrange for payment, at no cost to you.
Customer: replied 8 months ago.
I am goung up to the police station to check on this
Expert:  Daniel replied 8 months ago.
All the best with it.
Expert:  Daniel replied 8 months ago.
I assure you, it is a common thing.
Customer: replied 8 months ago.
Hi Daniel, When I spoke to the police last night they insisted that this cant be done for a minor, they will charge her however they cant do this compensation order, I have to take this to civil court. the police gave me an example of a 17 year old doing graffiti on 4 cars and they couldnt do a compensation order for his parents when they tried.
Expert:  Daniel replied 8 months ago.
HelloMy advice has not changed. Even by their own advice, them suggesting that they did try and seek an order for a 17 year old, it was at the very least attempted.
Customer: replied 8 months ago.
Can you please send me an email or response that I would show the police from you to insist they do and what details d you have that I can back this up with? policy act etc?
Expert:  Daniel replied 8 months ago.
Victims Rights and Support Act 2013The Victims Rights and Support Act 2013 replaced the Victims Support and Rehabilitation Act 1996 from 3 June 2013. All legislative references in this section are to the new Act unless otherwise indicated.Commissioner of Victims RightsPart 4 of the Act establishes the Victim Support Scheme, under which victims of acts of violence may apply to the Commissioner of Victims Rights for the payment of victims support.Magistrate’s power to award compensationMagistrates retain a power to award compensation under Pt 6 of the Act.A magistrate may award compensation for injury or for loss, where that injury or loss is sustained through, or by reason of the offence, or any other offence taken into account account when sentencing an offender.“Injury” is defined in s 18 to mean “actual bodily harm, grievous bodily harm or psychological or psychiatric harm but does not include injury arising from loss or damage to property”.Compensation for injury may be made in accordance with Pt 6 Div 2 and compensation for loss in accordance with Pt 6 Div 3.CompensationA court that convicts a person of an offence may direct, by notice given to the offender, the payment of a sum to an aggrieved person or persons by way of compensation for injury or loss: ss 94, 97.While an order can be made by a court of its own motion, it is suggested that the victim’s wishes be considered.Compensation cannot be awarded by a magistrate if, under Pt 4, the Commissioner of Victims Rights has approved the giving of financial support in respect of the injury: s 95(2).Factors to be consideredIn making an order for compensation, the court is to consider any behaviour, condition, attitude or disposition of the aggrieved person which contributed to the injury or loss, the aggrieved person’s access to civil damages and other relevant matters: s 99.Maximum award of compensationA magistrate may order compensation for injury of up to $50,000. There are limits on the order where directions for compensation are or have been made in respect of other related offences: s 95(1).A magistrate may order compensation for loss up to the maximum amount of the court’s civil jurisdiction. A court may not award compensation for loss for which financial support is payable under the Act or compensation is payable under the provisions relating to compensation for injury: s 98.Time for making orderAn order for compensation may be made at the time of conviction or at any time thereafter: ss 94, 97.Sample orderIt is ordered that compensation of [$500] for [loss/injury] arising from the commission of the offence be paid to the registrar of the Local Court at [specify place] then to be paid to [name], the aggrieved person.Time to payCompensation must be paid immediately or as directed by the court. Payment is to the registrar of the Local Court for payment out to the aggrieved person.
Expert:  Daniel replied 8 months ago.
http://www.judcom.nsw.gov.au/publications/benchbks/local/general_orders.html#p10-100
Expert:  Daniel replied 8 months ago.
Show the above to them.
Customer: replied 8 months ago.
How do I know this covers children under 18? as a 13 year old or to get compensation from parents?
Expert:  Daniel replied 8 months ago.
It has no provision as to any age, if one is charged, they can be make to pay compensation. It really is that simple.
Customer: replied 8 months ago.
This child is going to be charged under the young offenders act its a little different to the norm, have you anything under the young offenders act for damage of property?
Expert:  Daniel replied 8 months ago.
Yes, again my advice has not changed.
Customer: replied 8 months ago.
Daniel, I will take this to the police station on my way home and see how they can proceed, if there are any other details you can provide to guide them in doing this or for me to talk them into doing this, please let me know. thanks
Expert:  Daniel replied 8 months ago.
Not specifically, it really should not be terribly hard.
Customer: replied 7 months ago.
Hi Daniel,
I went to the police station yesterday and the police are insisting that a compnsation order cant be done for a 13 year old as it sits under the young offenders act and they don't go to court as such. it is a different charge to an adult
Expert:  Daniel replied 7 months ago.
No it is not, with respect. Again:http://www.austlii.edu.au/au/legis/nsw/consol_act/cpa1987261/s36.htmlCHILDREN (CRIMINAL PROCEEDINGS) ACT 1987 - SECT 36Compensation36 Compensation (1) If the Children’s Court makes an order under a paragraph of section 33 (1) it may, under section 94 or 97 of the Victims Rights and Support Act 2013 , give a direction for the payment of compensation by the person.(2) In deciding whether or not to require a person to pay compensation, the Children’s Court shall have regard to the person’s means and income, if any.(3) The maximum amount of compensation that may be awarded is:(a) the amount that is equivalent to 10 penalty units (in the case of a person who is under the age of 16 years at the time the order is made), or(b) the amount that is equivalent to 20 penalty units (in any other case).
Expert:  Daniel replied 7 months ago.
Again, it is not that hard. Clearly you are dealing with an officer that simply does not to deal with it.
Customer: replied 7 months ago.
Hi Daniel,
I have tried to work with 4 police officers in the last 2 days and not getting anywhere at sutherland Police station.
Expert:  Daniel replied 7 months ago.
I realise that. I do sympathise with you. But the advice above is true and correct. Please rate my service.

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