Criminal Injuries Compensation Act 2003 (WA)

Western Australia Criminal Injuries Compensation Act 2003 Western Australia Criminal Injuries Compensation Act 2003 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Term used: close relative 1 5. Term used: convicted 1 6. Term used: loss 1 7. Construction of Act 1 8A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 1 Part 2 — Applying for compensation Division 1 — General 8. Offences for which compensation may be sought 1 9. Time limit for making compensation application 1 10. Death of person entitled to compensation ends entitlement 1 11. How to make compensation application 1 Division 2 — When and what compensation can be claimed 12. Proved offence 1 13. Alleged offence: acquittal 1 14. Alleged offence: acquittal due to mental impairment 1 15. Alleged offence: accused unfit to stand trial 1 16. Alleged offence: charge not determined 1 17. Alleged offence: no person charged 1 Part 3 — Dealing with compensation applications 18. Procedure, general matters 1 19. Assessor's general powers 1 20. Victim may be directed to attend doctor etc. 1 21. Applicant may be required to enforce other remedies 1 22. CEO may apply for stay of compensation application 1 23. Interim payments 1 24. Hearing to be held if assessor thinks fit 1 25. Hearings 1 26. Awards etc. to be in writing 1 27. Reasons for decisions 1 28. Copy of awards to be sent to CEO 1 Part 4 — Matters governing compensation awards 29. Assessor's general discretion 1 30. Compensation awards, general 1 31. Maximum for single offence 1 32. Maximum for single offence by multiple offenders 1 33. Maximum for multiple related offences 1 34. Maximum for multiple unrelated offences by one offender 1 35. Mental and nervous shock, compensation for limited to certain persons 1 36. No award if compensation likely to benefit offender 1 37. No award if injury is from motor vehicle in certain cases 1 38. No award if applicant did not assist investigators 1 39. No award if victim was engaged in criminal conduct 1 40. No award if compensation already awarded or refused 1 41. Behaviour etc. of victim to be considered 1 42. Insurance payments etc. to be deducted from award 1 43. Award to be offset against any amount owed to State 1 44. Person who incurs expenses may be paid directly 1 45. Order about reimbursement order may be made 1 Part 5 — Paying compensation awarded 46. Consolidated Account charged with payment 1 47. Appeal period, payment may be withheld 1 48. Future treatment expenses, payment of 1 Part 6 — Recovering compensation from offenders 48A. Term used: compensation award 1 49. CEO may request offender to reimburse compensation 1 50. Compensation reimbursement orders, application for 1 51. Dealing with applications 1 52. Compensation reimbursement order, making 1 53. Compensation reimbursement order, enforcement of 1 54. Reimbursed amounts to be credited to Consolidated Account 1 Part 7 — Appeals and referrals 55. Appeal lies to District Court 1 56. Dealing with appeals 1 57. District Court decision is final 1 58. Assessor may refer question of law to Court of Appeal 1 Part 8 — Administrative matters 59. Chief Assessor and assessors, appointment of etc. 1 60. Chief Assessor may allocate work to assessors 1 61. Administrative staff 1 62. Annual report and other reports 1 Part 9 — Miscellaneous 62A. Assessor may conduct hearing 1 63. Witnesses at hearings of applications 1 64. Publicity, assessor may restrict 1 65. Immunity for assessors, legal practitioners and witnesses 1 66. Protection of assessors from personal liability 1 67. Costs 1 68. Repayment to State of insurance payments etc. 1 69. Debts due to State, recovery of 1 70. False information, offence of giving 1 71. Limitation period for prosecutions 1 72. Regulations 1 73. Repeal and transitional provisions 1 Schedule 1 — Provisions about assessors 1. Qualifications for appointment 1 2. Appointment 1 3. Conditions of appointment 1 4. Oath of office 1 5. Termination and resignation 1 Schedule 2 — Repeal, transitional and consequential provisions Division 1 — Repeal 1. Criminal Injuries Compensation Act 1985 repealed 1 Division 2 — Transitional provisions 2. Terms used 1 3. Pending applications 1 4. Appeals started after commencement 1 5. Assessors 1 6. Annual reports 1 Notes Compilation table 1 Other notes 1 Defined terms Western Australia Criminal Injuries Compensation Act 2003 An Act to provide for the payment of compensation to victims of offences in some circumstances, and for related matters.