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VICTIMS OF CRIME ASSISTANCE ACT 1976 - SECT 4 Basis of awards of compensation

VICTIMS OF CRIME ASSISTANCE ACT 1976 - SECT 4

PART 2 - Awards of Compensation Basis of awards of compensation

(1)  Subject to section 6 , compensation may be awarded under this Act where a person is killed or suffers injury –
(a) as a result of the act of another person that constitutes an offence or would have constituted an offence, but for the fact that that other person had not attained a specified age, or was insane, or had other grounds of excuse or justification at law for his or her act; or
(b) in assisting a police officer in the exercise of the power to arrest a person or to take action to prevent the commission of a crime by a person.
(1A)  Subject to subsection (1B) , in respect of the death of a primary victim as a result of criminal conduct, compensation may be awarded under this Act to a person for funeral expenses actually and reasonably incurred, or reasonably likely to be incurred, by the person in relation to the death of the primary victim.
(1B)  Compensation may only be awarded to a person under subsection (1A) where the criminal conduct, which resulted in the death of the primary victim, occurred on or after the day on which that subsection commenced.
(2)  In respect of the injury of a primary victim, compensation awarded under this Act may be awarded to the primary victim in respect of any one or more of the following matters:
(a) expenses actually and reasonably incurred by the primary victim as a result of the injury;
(b) the cost of medical, dental, psychological or counselling services which the Commissioner is satisfied the primary victim will require in the future;
(c) loss of wages or salary by the primary victim as a result of his or her total or partial incapacity for work arising from the injury;
(d) the pain and suffering of the primary victim arising from the injury;
(e) expenses reasonably incurred by the primary victim in claiming compensation.
(3)  In respect of the death or injury of a person, compensation awarded under this Act may be awarded to a secondary victim in respect of any one or more of the following matters:
(a) expenses actually and reasonably incurred by the secondary victim as a result of his or her own injury;
(b) if the secondary victim is a parent, step-parent or guardian of the primary victim, expenses (other than funeral expenses) actually and reasonably incurred by the secondary victim as a result of the death or injury of the primary victim;
(c) the cost of medical, psychological or counselling services which the Commissioner is satisfied the secondary victim will require in the future;
(d) loss of wages or salary by the secondary victim as a result of –
(i) his or her total or partial incapacity for work arising from his or her own injury; or
(ii) his or her total or partial inability to work while providing care to the primary victim;
(e) the pain and suffering of the secondary victim arising from his or her own injury;
(f) expenses reasonably incurred by the secondary victim in claiming compensation.
(4)  In respect of the death or injury of a person, compensation awarded under this Act may be awarded to a related victim in respect of any one or more of the following matters:
(a) expenses actually and reasonably incurred by the related victim as a result of his or her own injury;
(b) expenses (other than funeral expenses) actually and reasonably incurred by the related victim as a result of the death or injury of the primary victim;
(c) the cost of medical, psychological or counselling services which the Commissioner is satisfied the related victim will require in the future;
(d) loss of wages or salary by the related victim as a result of –
(i) his or her total or partial incapacity for work arising from his or her own injury; or
(ii) his or her total or partial inability to work while providing care to the primary victim;
(e) the pain and suffering of the related victim arising from his or her own injury;
(f) if the primary victim dies, financial loss if the related victim was dependent on the primary victim;
(g) expenses reasonably incurred by the related victim in claiming compensation.