Western Australian Current Acts Western Australian Current Acts (1) If —
(a) a
compensation award is made in respect of any injury or loss suffered by a
victim or a close relative of a deceased victim; and
(b) the
victim or close relative also receives or recovers in respect of that injury
or loss an amount under a contract of insurance or by way of damages or
compensation, otherwise than under this Act; and
(c) that
amount is not deducted under section 42(3) or (4),
an amount equal to the
lesser of —
(d) the
amount awarded to the victim or close relative under the compensation award;
or
(e) the
amount referred to in paragraph (b),
is a debt due to the
State by the victim or close relative or by any person who holds the amount
referred to in paragraph (b) on behalf of the victim or close relative.
(1A) Subsection (1)
does not apply if the amount referred to in subsection (1)(b) was reduced to
take into account the compensation award referred to in subsection (1)(a).
(2) In this section
—
compensation award includes an award for payment
of compensation made under the Criminal Injuries Compensation Act 1985 1 .
[Section 68 amended: No. 29 of 2004 s. 9; No. 3 of
2018 s. 7.]