Western Australian Current Acts

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CRIMINAL INJURIES COMPENSATION ACT 2003 - SECT 48

48 .         Future treatment expenses, payment of

        (1)         If a compensation award made in favour of a victim who has suffered injury includes an amount in respect of expenses of the kind referred to in section 6(2)(b), the amount is not to be paid unless —

            (a)         the Chief Assessor is given evidence for the purposes of paragraph (b) by or on behalf of the victim; and

            (b)         an assessor is satisfied that the expenses have been reasonably incurred by or on behalf of the victim for treatment that the victim required as a direct consequence of the injury suffered by the victim in consequence of the commission of the offence to which the award relates; and

            (c)         the Chief Assessor is given a request for payment of the amount in accordance with subsection (2).

        (2)         A request referred to in subsection (1)(c) must be given to the Chief Assessor —

            (a)         if the victim was under 18 years of age on the date of the award, before —

                  (i)         the victim reaches 28 years of age; or

                  (ii)         the expiry of 10 years after the date on which the Acts Amendment (Justice) Act 2008 section 31 commences,

                whichever occurs last; or

            (b)         otherwise —

                  (i)         if the award was made before that section commences, within 10 years after the day on which it commences; or

                  (ii)         otherwise, within 10 years after the date of the award.

        [Section 48 amended: No. 5 of 2008 s. 31.]



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