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Australia's Gambling Industries - Productivity Commission

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states offer up to $50 000 each for serious harm (Queensland offers up the $75 000).<br />

Acute pain and suffering can also be compensated up to $50 000. For example, the<br />

New South Wales Victims Compensation Amendment Act 1998, offers<br />

compensation to the level of:<br />

• chronic psychological or psychiatric disorder that is moderately disabling, $5000<br />

to $15 000; and<br />

• chronic psychological or psychiatric disorder that is severely disabling, $30 000<br />

to $50 000.<br />

In a discussion paper on compensation, the ACT Government (Humphries 1997)<br />

reported that the median award value for psychological injuries in New South Wales<br />

and the ACT in 1995-96 was $15 260. The discussion paper commented:<br />

As would be expected, applicants whose psychological injury was caused by sexual<br />

assault receive relatively large awards (median of nearly $30 000). Those whose<br />

psychological injury stems from assault generally receive lesser amounts (median<br />

$14 150). (p.8)<br />

In the US, the Department of Justice (1996) reviewed jury award for those suffering<br />

as a result of crime. The study reported the following amounts (in 1993 $US):<br />

• Child abuse: 52 371;<br />

• Rape and sexual assault 81 400;<br />

• Other assault or attempt with injury 19 300;<br />

• Other assault or attempt without injury 1700;<br />

• Robbery or attempt with injury 13 800;<br />

• Robbery or attempt without injury 1300; and<br />

• Burglary and attempt 300.<br />

The study said:<br />

For nonfatal injuries, the research team estimated value of pain, suffering, fear, and lost<br />

quality of life by analysing jury awards to crime victims and burn victims. ... This study<br />

ignored jury award for punitive damages and instead focused solely on that portion of<br />

the jury verdict designed to “compensate” the victim for pain, suffering, and lost quality<br />

of life. ... In this manner, the researchers were able to estimate what the average jury<br />

award for pain and suffering would be for the typical crime in the project’s data set.<br />

(p.15)<br />

As with the information for Australia, rape and sexual assault and child abuse in the<br />

US results in the highest levels of payment.<br />

J.24 GAMBLING

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