Western Australian Current Acts

CRIMINAL INJURIES COMPENSATION ACT 2003 - SECT 6

6 .         Term used: loss

        (1)         In this section —

        personal item means —

            (a)         an item of clothing or footwear; or

            (b)         spectacles, or contact lenses, used to correct eyesight; or

            (c)         a hearing aid; or

            (d)         artificial teeth; or

            (e)         an artificial limb; or

            (f)         a surgical appliance or implant used to correct or relieve a physical disability or medical condition; or

            (g)         any other item prescribed by the regulations.

        (2)         In the case of a victim who is injured, loss means —

            (a)         expenses actually and reasonably incurred by or on behalf of the victim —

                  (i)         that arise directly from; or

                  (ii)         that arise in obtaining any report from a health professional or a counsellor in relation to,

                the injury suffered by the victim; or

            (b)         expenses that are likely to be reasonably incurred by or on behalf of the victim for treatment that the victim is likely to need as a direct consequence of the injury suffered by the victim; or

            (c)         loss of earnings suffered by the victim as a direct consequence of the injury suffered by the victim; or

            (d)         any loss arising from any damage caused as a direct consequence of the commission of the offence to any personal item that was being worn by the victim when he or she suffered the injury.

        (3)         In the case of a victim who dies, loss means any loss suffered by a close relative of the victim for which damages could be awarded to the relative under the Fatal Accidents Act 1959 if the death of the victim were caused by the wrongful act, neglect or default of another.