Western Australian Current Acts

CRIMINAL INJURIES COMPENSATION ACT 2003 - SECT 21

21 .         Applicant may be required to enforce other remedies

        (1)         If an assessor dealing with a compensation application by or on behalf of a victim who suffered injury as a consequence of the commission of an offence is of the opinion that the victim —

            (a)         has reasonable grounds for taking proceedings independently of this Act to obtain compensation or damages for all or some of the claimed injury and any claimed loss; or

            (b)         may be entitled under a contract of insurance to payment for all or some of that injury or loss,

                the assessor may require the victim to take proceedings to obtain the compensation, damages or payment and may defer the application pending the determination of those proceedings.

        (2)         If an assessor dealing with a compensation application by the personal representative of a victim who died as a consequence of the commission of an offence is of the opinion that the personal representative —

            (a)         has reasonable grounds for taking proceedings independently of this Act to obtain compensation or damages for all or some of any claimed loss; or

            (b)         may be entitled under a contract of insurance to payment for all or some of that loss,

                the assessor may require the representative to take proceedings to obtain the compensation, damages or payment and may defer the application pending the determination of those proceedings.