Western Australian Current Acts

CRIMINAL INJURIES COMPENSATION ACT 2003 - SCHEDULE 1

[s. 59]

1 .         Qualifications for appointment

        (1)         A person is qualified to be appointed under clause 2 as the Chief Assessor or as an Assessor if the person is a lawyer and has had at least 8 years’ legal experience.

        (2)         In subclause (1) —

        legal experience means —

            (a)         standing and practice as a legal practitioner; or

            (b)         judicial service (including service as a judge of a court, a magistrate or other judicial officer) in the State or elsewhere in a common law jurisdiction; or

            (c)         a combination of both kinds of legal experience mentioned in paragraphs (a) and (b).

        [Clause 1 inserted: No. 21 of 2008 s. 655(4); amended: No. 9 of 2022 s. 424.]

2 .         Appointment

        (1)         The Governor may appoint a person who is qualified under clause 1 as the Chief Assessor of Criminal Injuries Compensation.

        (2)         The Governor may appoint a person who is qualified under clause 1 as an Assessor of Criminal Injuries Compensation.

        (3)         The Governor may appoint as many persons under subclause (2) as are needed to deal with compensation applications in accordance with this Act.

3 .         Conditions of appointment

        (1)         The term of an assessor’s appointment must not exceed 5 years.

        (2)         A person may be re-appointed as an assessor.

        (3)         An assessor may be appointed to work full time or other than full time.

        (4)         An assessor is entitled to such remuneration (as defined in the Salaries and Allowances Act 1975 ) and allowances as are determined from time to time by the Governor on the recommendation of the Public Sector Commissioner.

        [Clause 3 amended: No. 39 of 2010 s. 89.]

4 .         Oath of office

                Before beginning to perform the duties of his or her office, an assessor must take an oath, before a judge of the Supreme Court, that he or she will faithfully and impartially perform the duties.

5 .         Termination and resignation

        (1)         The Governor may terminate an assessor’s appointment if satisfied the assessor —

            (a)         is incapable of properly performing the duties of an assessor; or

            (b)         has shown himself or herself to be incompetent to properly perform, or has neglected, those duties; or

            (c)         has been guilty of misconduct.

        (2)         An assessor may resign from office at any time by notifying the Governor in writing.