Western Australian Current Acts

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CRIMINAL INJURIES COMPENSATION ACT 2003 - SECT 40

40 .         No award if compensation already awarded or refused

        (1)         In this section —

        award means an order for compensation made under the Criminal Injuries (Compensation) Act 1970 4 , or an award of compensation made under the Criminal Injuries Compensation Act 1982 5 , the Criminal Injuries Compensation Act 1985 1 , or this Act;

        compensation application means an application for compensation made under the Criminal Injuries (Compensation) Act 1970 4 , the Criminal Injuries Compensation Act 1982 5 , the Criminal Injuries Compensation Act 1985 1 or this Act.

        (2)         An assessor must not make a compensation award in favour of a victim who is injured as a consequence of the commission of an offence if —

            (a)         an award has been made previously in favour of the victim; or

            (b)         a compensation application by or on behalf of the victim has been refused previously,

                in relation to an injury suffered by the victim as a consequence of the offence.

        (3)         An assessor must not make a compensation award in favour of a close relative of a victim who dies as a consequence of the commission of an offence if —

            (a)         an award has been made previously in favour of the close relative; or

            (b)         a compensation application on behalf of the close relative has been refused previously,

                in relation to loss suffered by the close relative as a result of the death.



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