South Australian Current Acts South Australian Current Acts (1) A court by which a
person is convicted of an offence against this Act may award damages
(including punitive damages) against the defendant.
(2) Damages may be
awarded under subsection (1)—
(a) if
the offence was directed at a specific person—in favour of that person;
or
(b) if
the offence was directed at the members of a particular racial group—in
favour of an organisation formed to further the interests of the relevant
group.
(3) The total amount
of the damages that may be awarded for the same act, or series of acts, cannot
exceed $40 000.
(4) In applying the
limit fixed by subsection (3), the court must take into account damages
awarded in civil proceedings for the tort of racial victimisation 1 in respect
of the same act or series of acts.
(5) Before a court
awards damages under this section, the court must—
(a) take
reasonable steps to ensure that all persons who may have been harmed by the
defendant's conduct are given a reasonable opportunity to claim damages in the
proceedings; or
(b) take
other action that appears reasonable and necessary in the circumstances to
protect the interests of possible claimants who are not before the court.
Note—
1 See section 37 of the Wrongs Act 1936 .