Western Australian Current Acts Western Australian Current Acts (1) This section
applies if a person is found not guilty of a crime, misdemeanour or simple
offence (the charged offence ) on account of mental impairment.
(2) A person who
suffers injury as a consequence of the act or omission that is alleged to
constitute the charged offence may apply for compensation for that injury and
any loss also suffered.
(3) If —
(a) a
person dies as a consequence of the act or omission that is alleged to
constitute the charged offence; and
(b) a
close relative of the deceased suffers loss as a result of the death,
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 —
(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 act or
omission that is alleged to constitute the charged offence;
(b) if
the application is made under subsection (3) — that the death occurred
as a consequence of the act or omission that is alleged to constitute the
charged offence and that the claimed loss has occurred.
[Section 14 amended: No. 10 of 2023 s. 412.]