Western Australian Current Acts Western Australian Current Acts (1) This section
applies to and in respect of a compensation application made on or after 23
September 2003.
(2) An assessor must
not make a compensation award for mental and nervous shock suffered by a
victim as a consequence of the commission of an offence, or for any loss in
respect of such shock, unless the assessor is satisfied —
(a) that
the victim also suffered bodily harm or became pregnant as a consequence of
the commission of the offence; or
(b) that
the victim was the person against whom, or against whose property, the offence
was committed; or
(c) that
a person other than the victim died or suffered injury as a consequence of the
offence and the victim was personally present when or immediately after the
offence was committed; or
(d) that
immediately before the offence was committed the victim was the parent or
step-parent of a person who died as a consequence of the commission of the
offence; or
(e) that
immediately before the offence was committed the victim —
(i)
was a close relative of a person who suffered injury or
died as a consequence of the commission of the offence; and
(ii)
was living with that person.
(3) Despite subsection
(2), if an assessor is satisfied —
(a) that
a person died or was injured as a consequence of the commission of an offence;
and
(b) that
the death occurred or the injury was suffered when the person was committing a
separate offence,
the assessor must not
make a compensation award in favour of a close relative of the person for
mental and nervous shock suffered by the close relative as a result of the
death or injury.
[Section 35 amended: No. 29 of 2004 s. 5.]