Western Australian Current Acts Western Australian Current Acts (1) This section
applies if a person is charged with an alleged offence and is found not guilty
of it other than on account of mental impairment.
(2) If a person
—
(a)
suffers injury as a consequence of the commission of the alleged offence; and
(b)
claims that the alleged offence was committed but by a person other than the
acquitted person,
the person may apply
for compensation for that injury and any loss also suffered.
(3) If —
(a) a
person dies as a consequence of the commission of the alleged offence; and
(b) a
close relative of the deceased suffers loss as a result of the death; and
(c) the
personal representative of the deceased claims that the alleged offence was
committed but by a person other than the acquitted person,
the personal
representative of the deceased may apply for compensation for that loss.
(4) An assessor must
not make a compensation award in respect of a compensation application made
under this section unless satisfied that the alleged offence was committed but
by a person other than the acquitted person and —
(a) if
the application is made under subsection (2) — that the claimed injury
and any claimed loss has occurred and did so as a consequence of the
commission of the alleged offence;
(b) if
the application is made under subsection (3) — that the death occurred
as a consequence of the commission of the alleged offence and that the claimed
loss has occurred.
(5) If an assessor is
satisfied that the person who committed the act or made the omission that
constitutes the alleged offence was, at the time of the act or omission, not
criminally responsible for it, the alleged offence is to be taken not to have
been committed for the purposes of subsection (4) unless the person was not
criminally responsible for it by reason of The Criminal Code section 27 or the
Criminal Investigation (Covert Powers) Act 2012 section 27, 31 or 34.
[Section 13 amended: No. 55 of 2012 s. 114; No. 10
of 2023 s. 412.]