Western Australian Current Acts

CRIMINAL INJURIES COMPENSATION ACT 2003

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used
            
   4.      Term used: close relative
            
   5.      Term used: convicted
            
   6.      Term used: loss
            
   7.      Construction of Act
            
   8A.     Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies

   PART 2 -- Applying for compensation

           Division 1 -- General  

   8.      Offences for which compensation may be sought
            
   9.      Time limit for making compensation application
            
   10.     Death of person entitled to compensation ends entitlement
            
   11.     How to make compensation application

           Division 2 -- When and what compensation can be claimed  

   12.     Proved offence
            
   13.     Alleged offence: acquittal
            
   14.     Alleged offence: acquittal due to mental impairment
            
   15.     Alleged offence: accused unfit to stand trial
            
   16.     Alleged offence: charge not determined
            
   17.     Alleged offence: no person charged

   PART 3 -- Dealing with compensation applications  

   18.     Procedure, general matters
            
   19.     Assessor’s general powers
            
   20.     Victim may be directed to attend doctor etc.
            
   21.     Applicant may be required to enforce other remedies
            
   22.     CEO may apply for stay of compensation application
            
   23.     Interim payments
            
   24.     Hearing to be held if assessor thinks fit
            
   25.     Hearings
            
   26.     Awards etc. to be in writing
            
   27.     Reasons for decisions
            
   28.     Copy of awards to be sent to CEO

   PART 4 -- Matters governing compensation awards  

   29.     Assessor’s general discretion
            
   30.     Compensation awards, general
            
   31.     Maximum for single offence
            
   32.     Maximum for single offence by multiple offenders
            
   33.     Maximum for multiple related offences
            
   34.     Maximum for multiple unrelated offences by one offender
            
   35.     Mental and nervous shock, compensation for limited to certain persons
            
   36.     No award if compensation likely to benefit offender
            
   37.     No award if injury is from motor vehicle in certain cases
            
   38.     No award if applicant did not assist investigators
            
   39.     No award if victim was engaged in criminal conduct
            
   40.     No award if compensation already awarded or refused
            
   41.     Behaviour etc. of victim to be considered
            
   42.     Insurance payments etc. to be deducted from award
            
   43.     Award to be offset against any amount owed to State
            
   44.     Person who incurs expenses may be paid directly
            
   45.     Order about reimbursement order may be made

   PART 5 -- Paying compensation awarded  

   46.     Consolidated Account charged with payment
            
   47.     Appeal period, payment may be withheld
            
   48.     Future treatment expenses, payment of

   PART 6 -- Recovering compensation from offenders  

   48A.    Term used: compensation award
            
   49.     CEO may request offender to reimburse compensation
            
   50.     Compensation reimbursement orders, application for
            
   51.     Dealing with applications
            
   52.     Compensation reimbursement order, making
            
   53.     Compensation reimbursement order, enforcement of
            
   54.     Reimbursed amounts to be credited to Consolidated Account

   PART 7 -- Appeals and referrals  

   55.     Appeal lies to District Court
            
   56.     Dealing with appeals
            
   57.     District Court decision is final
            
   58.     Assessor may refer question of law to Court of Appeal

   PART 8 -- Administrative matters  

   59.     Chief Assessor and assessors, appointment of etc.
            
   60.     Chief Assessor may allocate work to assessors
            
   61.     Administrative staff
            
   62.     Annual report and other reports

   PART 9 -- Miscellaneous  

   62A.    Assessor may conduct hearing
            
   63.     Witnesses at hearings of applications
            
   64.     Publicity, assessor may restrict
            
   65.     Immunity for assessors, legal practitioners and witnesses
            
   66.     Protection of assessors from personal liability
            
   67.     Costs
            
   68.     Repayment to State of insurance payments etc.
            
   69.     Debts due to State, recovery of
            
   70.     False information, offence of giving
            
   71.     Limitation period for prosecutions
            
   72.     Regulations
            
   73.      Repeal and transitional provisions
           SCHEDULE 1 -- Provisions about assessors  
           SCHEDULE 2 -- Repeal, transitional and consequential provisions