Western Australian Current Acts Western Australian Current Acts[s. 73]
1 . Criminal Injuries Compensation Act 1985
repealed
The
Criminal Injuries Compensation Act 1985 is repealed.
Division 2 — Transitional provisions
(1) In this Division
—
commencement means the commencement of this Act;
repealed Act means the
Criminal Injuries Compensation Act 1985 .
(2) This Division does
not affect the operation of the Interpretation Act 1984 Part V but if there
is a conflict or inconsistency between this Division and that Part, this
Division prevails.
(1) If immediately
before commencement an application made under the Criminal Injuries
(Compensation) Act 1970 4 is pending before a court, then on commencement the
application is to be dealt with under that Act despite the repeal of section
50(5) of the repealed Act.
(2) If immediately
before commencement an application made under the Criminal Injuries
Compensation Act 1982 5 is pending before the person who holds the office of
Assessor or acting Assessor under that Act, then on commencement the
application is to be dealt with by an assessor under this Act and this Act
applies to and in relation to the application.
(3) If immediately
before commencement an application made under the repealed Act is pending
before the person who holds the office of Chief Assessor or acting Chief
Assessor or an Assessor under that Act, then on commencement the application
is to be dealt with by an assessor under this Act and this Act applies to and
in relation to the application.
(4) If immediately
before commencement an appeal, or an application that has been referred to the
District Court, under the Criminal Injuries Compensation Act 1982 Part VI 5 is
pending in the District Court, then on commencement the appeal or application
is to be dealt with by the District Court under that Part and the applicable
rules of court despite the repeal of section 50(4) of the repealed Act.
(5) If immediately
before commencement an appeal, or an application that has been referred to the
District Court, under the repealed Act Part VI is pending in the District
Court, then on commencement the appeal or application is to be dealt with by
the District Court under that Part and the applicable rules of court despite
the repeal of that Act.
4 . Appeals started after commencement
If after commencement
an appeal is commenced in the District Court in relation to a decision made
before commencement under the Criminal Injuries Compensation Act 1982 5 or the
repealed Act, the District Court must not make any order on the appeal that
could not have been made under the law applicable at the time the decision
appealed against was made.
(1) If immediately
before commencement a person holds the office of Chief Assessor referred to in
the repealed Act section 5, then on commencement the person is to be taken to
have been appointed under Schedule 1 clause 2(1) as the Chief Assessor for the
term and on the terms and conditions of the appointment under the repealed
Act.
(2) If immediately
before commencement a person holds the office of an acting Chief Assessor
referred to in the repealed Act section 5A, then on commencement the person is
to be taken to have been appointed under the Interpretation Act 1984
section 52 to act as the Chief Assessor under this Act for the term and on the
terms and conditions of the appointment under the repealed Act.
(3) If immediately
before commencement a person holds the office of an Assessor referred to in
the repealed Act section 5B, then on commencement the person is to be taken to
have been appointed under Schedule 1 clause 2(2) as an Assessor for the term
and on the terms and conditions of the appointment under the repealed Act.
(1) If this Act
commences before 1 January 2004, then despite section 62(1) the Chief Assessor
must give the Minister a report about the operation of this Act during the
period of 1 January 2003 to 30 June 2004 (both dates inclusive) before 1
October 2004.
(2) If this Act
commences on or after 1 January 2004, then —
(a)
despite its repeal, section 48 of the repealed Act applies to the year ending
on 31 December 2003; and
(b)
despite section 62(1) of this Act the Chief Assessor must give the Minister a
report about the operation of this Act during the period of 1 January 2004 to
30 June 2004 (both dates inclusive) before 1 October 2004.
[Division 3 omitted under the Reprints Act 1984 s. 7(4)(e).]
This is a compilation of the Criminal Injuries Compensation Act 2003 and
includes amendments made by other written laws. For provisions that have come
into operation, and for information about any reprints, see the compilation
table.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
77 of 2003 |
15 Dec 2003 |
s. 1 and 2: 15 Dec 2003; | |
|
Criminal Injuries Compensation Amendment Act 2004 6 |
29 of 2004 |
14 Oct 2004 |
14 Oct 2004 (see s. 2) |
|
Acts Amendment (Court of Appeal) Act 2004 s. 37 |
45 of 2004 |
9 Nov 2004 |
1 Feb 2005 (see s. 2 and Gazette 14 Jan 2005 p. 163) |
|
Psychologists Act 2005 Sch. 3 cl. 3 |
28 of 2005 |
12 Dec 2005 |
4 May 2007 (see s. 2 and Gazette 4 May 2007 p. 1963) |
|
Financial Legislation Amendment and Repeal Act 2006 s. 4 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137) |
|
Reprint 1: The Criminal Injuries Compensation Act 2003 as at 7 Sep 2007
(includes amendments listed above) | |||
|
Criminal Law and Evidence Amendment Act 2008 s. 59 |
2 of 2008 |
12 Mar 2008 |
27 Apr 2008 (see s. 2 and Gazette 24 Apr 2008 p. 1559) |
|
Acts Amendment (Justice) Act 2008 Pt. 7 |
5 of 2008 |
31 Mar 2008 |
31 Jul 2008 (see s. 2(d) and Gazette 11 Jul 2008 p. 3253) |
|
Legal Profession Act 2008 s. 655 |
21 of 2008 |
27 May 2008 |
1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 511) |
|
Medical Practitioners Act 2008 Sch. 3 cl. 14 |
22 of 2008 |
27 May 2008 |
1 Dec 2008 (see s. 2 and Gazette 25 Nov 2008 p. 4989) |
|
Reprint 2: The Criminal Injuries Compensation Act 2003 as at 2 Jan 2009
(includes amendments listed above except those in the Legal Profession Act
2008 ) | |||
|
Health Practitioner Regulation National Law (WA) Act 2010 Pt. 5 Div. 15 |
35 of 2010 |
30 Aug 2010 |
18 Oct 2010 (see s. 2(b) and Gazette 1 Oct 2010 p. 5075-6) |
|
Public Sector Reform Act 2010 s. 89 |
39 of 2010 |
1 Oct 2010 |
1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563) |
|
55 of 2012 |
3 Dec 2012 |
1 Mar 2013 (see s. 2(b) and Gazette 25 Jan 2013 p. 271) | |
|
Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 3 Div.
6 |
20 of 2013 |
4 Nov 2013 |
25 Nov 2013 (see s. 2(b) and Gazette 22 Nov 2013 p. 5391) |
|
Reprint 3: The Criminal Injuries Compensation Act 2003 as at 29 Nov 2013
| |||
|
Civil Liability Legislation Amendment (Child Sexual Abuse Actions) Act 2018
Pt. 3 |
3 of 2018 |
19 Apr 2018 |
1 Jul 2018 (see s. 2(b) and Gazette 29 Jun 2018 p. 2434) |
|
National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth
Powers) Act 2018 Pt. 7 |
36 of 2018 |
5 Dec 2018 |
5 Dec 2018 (see s. 2) |
|
9 of 2022 |
14 Apr 2022 |
1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2) | |
|
Criminal Law (Mental Impairment) Act 2023 Pt. 15 Div. 7 and s. 412 |
10 of 2023 |
13 Apr 2023 |
1 Sep 2024 (see s. 2(b) and SL 2024/175 cl. 2) |
1 The Criminal Injuries Compensation Act 1985 was
repealed by s. 73 of this Act.
2 The Offenders Community Corrections Act 1963 was
repealed by the Sentencing (Consequential Provisions) Act 1995 .
3 The Child Welfare Act 1947 was repealed by the
Children and Community Services Act 2004 .
4 The Criminal Injuries (Compensation) Act 1970
was repealed by the Criminal Injuries Compensation Act 1982 s. 43(1).
5 The Criminal Injuries Compensation Act 1982 was
repealed by the Criminal Injuries Compensation Act 1985 s. 50(1).
6 The Criminal Injuries Compensation Amendment Act
2004 s. 10 reads as follows:
10. Validation
(1) An order to pay
moneys under section 39 of the Criminal Injuries Compensation Act 1985 , made
on or after 1 January 2004, is deemed to have been made under the Criminal
Injuries Compensation Act 2003 , as amended by this Act.
(2) An amount received
or recovered as described in section 68 of the
Criminal Injuries Compensation Act 2003 , on or after 1 January 2004, is
deemed to create a debt due under the Criminal Injuries Compensation Act 2003
, as amended by this Act.
(3) A notice given
under the Criminal Injuries Compensation Act 1985 , on or after 1 January
2004, is deemed to have been given under the
Criminal Injuries Compensation Act 2003 , as amended by this Act.
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
alleged offence
3
applicant 3
application
51(1)
assessor 3
award
40(1)
CEO 3
charged
offence 14(1)
Chief Assessor
3
close relative 3, 4(1)
commencement
Sch. 2 cl. 2(1)
compensation application
3, 40(1)
compensation award
3, 48A, 68(2)
compensation reimbursement order 3
convicted 3
health professional
3
injury 3
interested person
3
legal experience Sch. 1 cl.
1(2)
loss 3, 6(2), 6(3)
motor vehicle
37(1)
offence 3
personal item
6(1)
personal representative
3
prescribed information 70(1)
proceedings
64(1)
proved offence 3
record 3
registered organisation
42(1)
repealed Act Sch. 2 cl. 2(1)
satisfied 3
specified
64(1)
victim 3, 20(1)
witness
63(1)
© State of Western Australia 2024
.
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.
By Authority: GEOFF O. LAWN, Government Printer