Western Australian Current Acts

CRIMINAL INJURIES COMPENSATION ACT 2003 - SECT 42

42 .         Insurance payments etc. to be deducted from award

        (1)         In this section —

        registered organisation has the meaning given by the National Health Act 1953 of the Commonwealth.

        (2)         An assessor must deduct from a compensation award in relation to any loss suffered by a victim, or a close relative of a deceased victim, any amount that the victim or close relative would, but for this Act, also be entitled to receive under a contract of insurance with a registered organisation in respect of any of that loss.

        (3)         An assessor must deduct from a compensation award in relation to any injury or loss suffered by a victim, or a close relative of a deceased victim, any amount that the victim or close relative has received, whether under a contract of insurance or otherwise, for the injury or loss.

        (4)         If an assessor is satisfied that a victim, or a close relative of a deceased victim, who has suffered injury or loss will receive an amount, whether under a contract of insurance or otherwise, for the injury or loss, the assessor may deduct the amount from a compensation award in relation to that injury or loss.

        (5)         Despite subsections (3) and (4), in the case of an application by a personal representative of a deceased victim, the amounts described in the Fatal Accidents Act 1959 section 5(2)(b) and (c) must not be deducted.

        [Section 42 amended: No. 36 of 2018 s. 19.]