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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Criminal Injuries Compensation Bill 2003
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation 2
4. "Close relative", meaning of 4
5. "Convicted", meaning of 4
6. "Loss", meaning of 5
7. Construction of Act 6
Part 2 -- Applying for compensation
Division 1 -- General
8. Offences for which compensation may be sought 7
9. Time limit for making a compensation application 7
10. Death of person entitled to compensation ends
entitlement 7
11. How to make a compensation application 8
Division 2 -- When and what compensation can be
claimed
12. Proved offence 8
13. Alleged offence: acquittal 9
14. Alleged offence: acquittal due to unsoundness of mind 10
15. Alleged offence: accused not mentally fit to stand trial 11
16. Alleged offence: charge not determined 12
17. Alleged offence: no person charged 13
Part 3 -- Dealing with compensation
applications
18. Procedure, general matters 15
19. Assessor's general powers 15
232--2 page i
Criminal Injuries Compensation Bill 2003
Contents
20. Victim may be directed to attend doctor etc. 16
21. Applicant may be required to enforce other remedies 17
22. CEO may apply for stay of compensation application 18
23. Interim payments 18
24. Hearing to be held if assessor thinks fit 19
25. Hearings 19
26. Awards etc. to be in writing 20
27. Reasons for decisions 20
28. Copy of awards to be sent to CEO 20
Part 4 -- Matters governing
compensation awards
29. Assessor's general discretion 21
30. Compensation awards, general 21
31. Maximum for single offence 22
32. Maximum for single offence by multiple offenders 23
33. Maximum for multiple related offences 23
34. Maximum for multiple unrelated offences by one
offender 24
35. Mental and nervous shock, compensation for limited
to certain persons 25
36. No award if compensation likely to benefit offender 26
37. No award if injury is from motor vehicle in certain
cases 26
38. No award if applicant did not assist investigators 27
39. No award if victim was engaged in criminal conduct 27
40. No award if compensation already awarded 27
41. Behaviour etc. of victim to be considered 28
42. Insurance payments etc. to be deducted from award 28
43. Award to be off set against any amount owed to the
State 29
44. Person who incurs expenses may be paid directly 29
45. Order about reimbursement order may be made 30
Part 5 -- Paying compensation awarded
46. Consolidated Fund charged with payment 31
47. Appeal period, payment may be withheld 31
48. Future treatment expenses, payment of 31
page ii
Criminal Injuries Compensation Bill 2003
Contents
Part 6 -- Recovering compensation
from offenders
49. CEO may request offender to reimburse compensation 32
50. Compensation reimbursement orders, application for 32
51. Dealing with applications 32
52. Compensation reimbursement order, making 34
53. Compensation reimbursement order, enforcement of 35
54. Reimbursed amounts to be credited to Consolidated
Fund 35
Part 7 -- Appeals and referrals
55. Appeal lies to the District Court 36
56. Dealing with appeals 36
57. District Court decision is final 37
58. Assessor may refer question of law to Supreme Court 37
Part 8 -- Administrative matters
59. Chief Assessor and Assessors, appointment of etc. 38
60. Chief Assessor may allocate work to assessors 38
61. Administrative staff 38
62. Annual report and other reports 38
Part 9 -- Miscellaneous
63. Witnesses at hearings of applications 39
64. Publicity, assessor may restrict 40
65. Immunity for assessors, lawyers and witnesses 41
66. Protection of assessors from personal liability 41
67. Costs 42
68. Repayment to State of insurance payments etc. 42
69. Debts due to the State, recovery of 42
70. False information, offence of giving 42
71. Limitation period for prosecutions 43
72. Regulations 43
73. Repeal, transitional provisions and consequential
amendments 44
Schedule 1 -- Provisions about
assessors
1. Qualifications for appointment 45
2. Appointment 45
page iii
Criminal Injuries Compensation Bill 2003
Contents
3. Conditions of appointment 45
4. Oath of office 46
5. Termination and resignation 46
Schedule 2 -- Repeal, transitional and
consequential provisions
Division 1 -- Repeal
1. Criminal Injuries Compensation Act 1985 repealed 47
Division 2 -- Transitional provisions
2. Interpretation 47
3. Pending applications 47
4. Appeals started after commencement 48
5. Assessors 48
6. Annual reports 49
Division 3 -- Consequential amendments
7. Adoption Act 1994 amended 49
8. Constitution Acts Amendment Act 1899 amended 50
9. Offenders (Legal Action) Act 2000 amended 50
10. Sentencing Act 1995 amended 51
Defined Terms
page iv
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Criminal Injuries Compensation Bill 2003
A Bill for
An Act to provide for the payment of compensation to victims of
offences in some circumstances, and for related matters.
The Parliament of Western Australia enacts as follows:
page 1
Criminal Injuries Compensation Bill 2003
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Criminal Injuries Compensation
Act 2003.
5 2. Commencement
This Act comes into operation on a day fixed by proclamation.
3. Interpretation
In this Act, unless the contrary intention appears --
"alleged offence" means a crime, misdemeanour or simple
10 offence of which no person has been convicted;
"applicant" means a person who makes a compensation
application;
"assessor" means the Chief Assessor, or an Assessor, appointed
under Schedule 1 clause 2;
15 "CEO" means the chief executive officer of the department of
the Public Service that principally assists the Minister in
the administration of this Act;
"Chief Assessor" means the Chief Assessor of Criminal
Injuries Compensation appointed under Schedule 1
20 clause 2(1);
"close relative" has the meaning given by section 4;
"compensation application" means an application for criminal
injuries compensation made under Part 2;
"compensation award" means an award of compensation made
25 under Part 4;
"compensation reimbursement order" means an order made
under section 52;
"convicted" has a meaning affected by section 5;
page 2
Criminal Injuries Compensation Bill 2003
Preliminary Part 1
s. 3
"health professional" means --
(a) a dentist within the meaning of the Dental Act 1939;
(b) a medical practitioner within the meaning of the
Medical Act 1894; or
5 (c) a registered psychologist within the meaning of the
Psychologists Registration Act 1976;
"injury" means bodily harm, mental and nervous shock, or
pregnancy;
"interested person", in relation to a compensation application
10 or to a compensation award made on such an application,
means --
(a) the applicant;
(b) a person who an assessor thinks may become liable
under Part 6 to pay an amount to the State; or
15 (c) the CEO;
"lawyer" means a person who is admitted and entitled to
practise as a barrister and solicitor of the Supreme Court;
"loss" has the meaning given by section 6;
"offence" means an alleged offence or a proved offence;
20 "personal representative", of a deceased person, means --
(a) the executor or the administrator of the deceased's
estate;
(b) in the absence of such an executor or administrator, a
person who satisfies an assessor that the person is
25 entitled to apply to be the executor or administrator
of the deceased's estate;
"proved offence" means a crime, misdemeanour or simple
offence of which a person has been convicted;
"record" means any record of information, whether made on
30 paper, electronically or otherwise and whether in writing or
otherwise;
"satisfied" means satisfied on the balance of probabilities;
page 3
Criminal Injuries Compensation Bill 2003
Part 1 Preliminary
s. 4
"victim" means a person who suffers injury, or who dies, as a
consequence of the commission of an offence.
4. "Close relative", meaning of
(1) For the purposes of this Act, a "close relative" of a victim who
5 dies or is injured as a consequence of the commission of an
offence, is a person who, immediately before the offence was
committed, was --
(a) a parent, grandparent or step-parent of the victim;
(b) the spouse or a de facto partner of the victim; or
10 (c) a child, grandchild or stepchild of the victim.
(2) The presumptions of parentage in the Family Court Act 1997
Part 5 Division 11 Subdivision 3 operate, and section 193 of
that Act operates in respect of those presumptions, for the
purposes of this Act.
15 5. "Convicted", meaning of
(1) For the purposes of this Act a person is convicted of an offence
notwithstanding that having been found guilty or convicted of
the offence --
(a) a spent conviction order made under the Sentencing
20 Act 1995 section 39 applies to the conviction;
(b) a conviction is not recorded under the Young Offenders
Act 1994 section 55;
(c) the complaint or indictment was dismissed under the
repealed section 669(1)(a) of The Criminal Code;
25 (d) the repealed section 20 of the Offenders Community
Corrections Act 1963 applies to the conviction;
(e) the repealed section 40 or 126A of the Child Welfare
Act 1947 applies to the conviction;
(f) the charge was dismissed or the person was discharged
30 under the repealed section 34 or 34B of the Child
Welfare Act 1947; or
page 4
Criminal Injuries Compensation Bill 2003
Preliminary Part 1
s. 6
(g) the complaint for the offence was dismissed under the
repealed section 24 of the Children's Court of Western
Australia Act 1988.
(2) For the purposes of this Act a person is convicted of an offence
5 if the person, whether or not he or she is charged with the
offence, is dealt with by a juvenile justice team under the Young
Offenders Act 1994 Part 5 Division 2 for the offence.
6. "Loss", meaning of
(1) In this section --
10 "personal item" means --
(a) an item of clothing or footwear;
(b) spectacles, or contact lenses, used to correct eyesight;
(c) a hearing aid;
(d) artificial teeth;
15 (e) an artificial limb;
(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 --
20 (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,
25 the injury suffered by the victim;
(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;
30 (c) loss of earnings suffered by the victim as a direct
consequence of the injury suffered by the victim; or
page 5
Criminal Injuries Compensation Bill 2003
Part 1 Preliminary
s. 7
(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.
5 (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.
10 7. Construction of Act
Subject to sections 42(3) and (4) and 68, this Act must be
construed as being in addition to, and not in derogation of, any
other law.
page 6
Criminal Injuries Compensation Bill 2003
Applying for compensation Part 2
General Division 1
s. 8
Part 2 -- Applying for compensation
Division 1 -- General
8. Offences for which compensation may be sought
This Act does not apply to or in relation to an offence that was
5 committed before 22 January 1971.
9. Time limit for making a compensation application
(1) A compensation application must be made within 3 years after
the date on which --
(a) the offence to which it relates was committed; or
10 (b) if it relates to more than one offence, the last of them
was committed.
(2) Despite subsection (1), an assessor may allow a compensation
application to be made after the 3 years if he or she thinks it is
just to do so and may do so on any conditions that he or she
15 thinks it is just to impose.
10. Death of person entitled to compensation ends entitlement
(1) Any entitlement of a victim to compensation under this Act
ceases on the death of the victim.
(2) Any entitlement of a close relative of a deceased victim to
20 compensation under this Act ceases on the death of the close
relative.
(3) Subsections (1) and (2) apply even if --
(a) a compensation application is made by or on behalf of a
victim or a close relative of a deceased victim before the
25 death of the victim or close relative; or
(b) a compensation award in favour of a victim or a close
relative of a deceased victim is made after and in
ignorance of the death of the victim or close relative.
page 7
Criminal Injuries Compensation Bill 2003
Part 2 Applying for compensation
Division 2 When and what compensation can be claimed
s. 11
11. How to make a compensation application
(1) A compensation application must be --
(a) made in writing on a form approved by the Chief
Assessor; and
5 (b) given to the Chief Assessor.
(2) If a person entitled to make a compensation application is --
(a) under 18 years of age -- the application may be made
on his or her behalf by a parent, or a person acting in
place of a parent, of the person;
10 (b) a represented person within the meaning of the
Guardianship and Administration Act 1990 -- the
application may be made on his or her behalf by the
person's guardian or administrator appointed under that
Act.
15 Division 2 -- When and what compensation can be claimed
12. Proved offence
(1) A person who suffers injury as a consequence of the
commission of a proved offence may apply for compensation
for the injury and any loss also suffered.
20 (2) If a person, being a close relative of a person who dies as a
consequence of the commission of a proved offence, suffers loss
as a result of the death, the personal representative of the
deceased may apply for compensation for that loss.
(3) An assessor must not make a compensation award in respect of
25 a compensation application made under this section unless
satisfied --
(a) if the application is made under subsection (1) -- that
the claimed injury and any claimed loss has occurred
and did so as a consequence of the commission of a
30 proved offence;
page 8
Criminal Injuries Compensation Bill 2003
Applying for compensation Part 2
When and what compensation can be claimed Division 2
s. 13
(b) if the application is made under subsection (2) -- that
the death occurred as a consequence of the commission
of a proved offence and that the claimed loss has
occurred.
5 13. Alleged offence: acquittal
(1) This section applies if a person is charged with an alleged
offence and is found not guilty of it other than on account of
unsoundness of mind.
(2) If a person --
10 (a) suffers injury as a consequence of the commission of the
alleged offence; and
(b) claims that the alleged offence was committed but by a
person other than the acquitted person,
the person may apply for compensation for that injury and any
15 loss also suffered.
(3) If --
(a) a person dies as a consequence of the commission of the
alleged offence;
(b) a close relative of the deceased suffers loss as a result of
20 the death; and
(c) the personal representative of the deceased claims that
the alleged offence was committed but by a person other
than the acquitted person,
the personal representative of the deceased may apply for
25 compensation for that loss.
(4) An assessor must not make a compensation award in respect of
a compensation application made under this section unless
satisfied that the alleged offence was committed but by a person
other than the acquitted person and --
30 (a) if the application is made under subsection (2) -- that
the claimed injury and any claimed loss has occurred
page 9
Criminal Injuries Compensation Bill 2003
Part 2 Applying for compensation
Division 2 When and what compensation can be claimed
s. 14
and did so as a consequence of the commission of the
alleged offence;
(b) if the application is made under subsection (3) -- that
the death occurred as a consequence of the commission
5 of the alleged offence and that the claimed loss has
occurred.
(5) If an assessor is satisfied that the person who committed the act
or made the omission that constitutes the alleged offence was, at
the time of the act or omission, not criminally responsible for it,
10 the alleged offence is to be taken not to have been committed
for the purposes of subsection (4) unless the person was not
criminally responsible for it by reason of The Criminal Code
section 27.
14. Alleged offence: acquittal due to unsoundness of mind
15 (1) This section applies if a person is found not guilty of a crime,
misdemeanour or simple offence (the "charged offence") on
account of unsoundness of mind.
(2) A person who suffers injury as a consequence of the act or
omission that is alleged to constitute the charged offence may
20 apply for compensation for that injury and any loss also
suffered.
(3) If --
(a) a person dies as a consequence of the act or omission
that is alleged to constitute the charged offence; and
25 (b) a close relative of the deceased suffers loss as a result of
the death,
the personal representative of the deceased may apply for
compensation for that loss.
(4) An assessor must not make a compensation award in respect of
30 a compensation application made under this section unless
satisfied --
page 10
Criminal Injuries Compensation Bill 2003
Applying for compensation Part 2
When and what compensation can be claimed Division 2
s. 15
(a) if the application is made under subsection (2) -- that
the claimed injury and any claimed loss has occurred
and did so as a consequence of the act or omission that
is alleged to constitute the charged offence;
5 (b) if the application is made under subsection (3) -- that
the death occurred as a consequence of the act or
omission that is alleged to constitute the charged offence
and that the claimed loss has occurred.
15. Alleged offence: accused not mentally fit to stand trial
10 (1) This section applies if --
(a) a person is charged with an alleged offence that is
alleged to have been committed on or after
1 January 1986; and
(b) the person is found to be mentally unfit to stand trial for
15 the alleged offence.
(2) A person who suffers injury as a consequence of the
commission of the alleged offence may apply for compensation
for that injury and any loss also suffered.
(3) If a person, being a close relative of a person who dies as a
20 consequence of the commission of the alleged offence, suffers
loss as a result of the death, the personal representative of the
deceased may apply for compensation for that loss.
(4) An assessor must not make a compensation award in respect of
a compensation application made under this section unless
25 satisfied --
(a) if the application is made under subsection (2) -- that
the claimed injury and any claimed loss has occurred
and did so as a consequence of the commission of the
alleged offence;
30 (b) if the application is made under subsection (3) -- that
the death occurred as a consequence of the commission
of the alleged offence and that the claimed loss has
occurred.
page 11
Criminal Injuries Compensation Bill 2003
Part 2 Applying for compensation
Division 2 When and what compensation can be claimed
s. 16
(5) If an assessor is satisfied that the person who committed the act
or made the omission that constitutes the alleged offence was, at
the time of the act or omission, not criminally responsible for it,
the alleged offence is to be taken not to have been committed
5 for the purposes of subsection (4) unless the person was not
criminally responsible for it by reason of The Criminal Code
section 27.
16. Alleged offence: charge not determined
(1) This section applies if a person is charged with an alleged
10 offence and --
(a) the charge is withdrawn or a nolle prosequi is entered in
respect of it;
(b) the charge is dismissed without a finding as to whether
the person charged is guilty or not guilty of it;
15 (c) the person is acquitted because the prosecutor does not
adduce any evidence on the charge;
(d) the person dies before he or she is found guilty or not
guilty of the charge; or
(e) for any other reason, the person is not brought to trial on
20 the charge,
and --
(f) the person charged is not otherwise charged with the
alleged offence or tried for it; and
(g) section 15 does not apply.
25 (2) A person who suffers injury as a consequence of the
commission of the alleged offence may apply for compensation
for that injury and any loss also suffered.
(3) If a person, being a close relative of a person who dies as a
consequence of the commission of the alleged offence, suffers
30 loss as a result of the death, the personal representative of the
deceased may apply for compensation for that loss.
page 12
Criminal Injuries Compensation Bill 2003
Applying for compensation Part 2
When and what compensation can be claimed Division 2
s. 17
(4) An assessor must not make a compensation award in respect of
a compensation application made under this section unless
satisfied --
(a) if the application is made under subsection (2) -- that
5 the claimed injury and any claimed loss has occurred
and did so as a consequence of the commission of the
alleged offence;
(b) if the application is made under subsection (3) -- that
the death occurred as a consequence of the commission
10 of the alleged offence and that the claimed loss has
occurred.
(5) If an assessor is satisfied that the person who committed the act
or made the omission that constitutes the alleged offence was, at
the time of the act or omission, not criminally responsible for it,
15 the alleged offence is to be taken not to have been committed
for the purposes of subsection (4) unless the person was not
criminally responsible for it by reason of The Criminal Code
section 27.
17. Alleged offence: no person charged
20 (1) This section applies if an alleged offence is committed but no
person is charged with the alleged offence.
(2) A person who suffers injury as a consequence of the
commission of the alleged offence may apply for compensation
for that injury and any loss also suffered.
25 (3) If a person, being a close relative of a person who dies as a
consequence of the commission of the alleged offence, suffers
loss as a result of the death, the personal representative of the
deceased may apply for compensation for that loss.
(4) An assessor must not make a compensation award in respect of
30 a compensation application made under this section unless
satisfied --
(a) if the application is made under subsection (2) -- that
the claimed injury and any claimed loss has occurred
page 13
Criminal Injuries Compensation Bill 2003
Part 2 Applying for compensation
Division 2 When and what compensation can be claimed
s. 17
and did so as a consequence of the commission of the
alleged offence;
(b) if the application is made under subsection (3) -- that
the death occurred as a consequence of the commission
5 of the alleged offence and that the claimed loss has
occurred.
(5) If an assessor is satisfied that the person who committed the act
or made the omission that constitutes the alleged offence was, at
the time of the act or omission, not criminally responsible for it,
10 the alleged offence is to be taken not to have been committed
for the purposes of subsection (4) unless the person was not
criminally responsible for it by reason of The Criminal Code
section 27.
page 14
Criminal Injuries Compensation Bill 2003
Dealing with compensation applications Part 3
s. 18
Part 3 -- Dealing with compensation applications
18. Procedure, general matters
(1) An assessor must determine compensation applications
expeditiously and informally having regard to the requirements
5 of justice and this Act.
(2) In deciding a compensation application an assessor is not bound
by rules or practice as to evidence or procedure but may inform
himself or herself in any manner he or she thinks fit.
19. Assessor's general powers
10 (1) For the purposes of deciding a compensation application, an
assessor may do any or all of the following, either on the
application of an interested person or on the assessor's own
initiative --
(a) give written notice of the application to an interested
15 person;
(b) seek and receive any information or evidence that the
assessor thinks necessary;
(c) make any inquiries and investigate any matters that the
assessor thinks necessary;
20 (d) request the applicant to provide the assessor with
information in relation to the application;
(e) defer deciding the application in order to obtain more
information or until information requested under
paragraph (b), (c) or (d) is provided.
25 (2) For the purposes of deciding a compensation application, an
assessor may give a person a written notice that requires the
person to do any or all of the following --
(a) to give the assessor, within the time specified in the
notice, the relevant information described generally or
30 specifically in the notice;
page 15
Criminal Injuries Compensation Bill 2003
Part 3 Dealing with compensation applications
s. 20
(b) to appear before the assessor at a time and place
specified in the notice to give relevant evidence to the
assessor;
(c) to produce to the assessor, within the time specified in
5 the notice, any relevant record that is described
generally or specifically in the notice and that is in the
person's possession or control.
(3) The powers in subsection (1) and (2) may be exercised whether
or not a hearing of the compensation application is to be
10 conducted.
(4) An assessor to whom a record is produced may inspect and
make a copy of the record and for those purposes may keep the
record for a reasonable time.
(5) A person who is given a notice under subsection (2) and who,
15 without a reasonable excuse, does not comply with it commits
an offence.
Penalty: $5 000.
20. Victim may be directed to attend doctor etc.
(1) For the purposes of deciding a compensation application by or
20 on behalf of a person who claims to have suffered an injury as a
consequence of the commission of an offence (the "victim"), an
assessor, either on the application of an interested person or on
the assessor's own initiative, may --
(a) direct the victim to attend and be examined by a health
25 professional nominated by the assessor; and
(b) defer deciding the application until the victim has
complied with the direction.
(2) If an assessor directs such a victim to attend and be examined
by a health professional --
30 (a) the assessor may give the health professional a copy of
any report by another health professional about the
victim;
page 16
Criminal Injuries Compensation Bill 2003
Dealing with compensation applications Part 3
s. 21
(b) the assessor must request the health professional to
provide the assessor with a report of the examination;
(c) the Chief Assessor must pay the reasonable cost of the
examination and the report; and
5 (d) any compensation award must be reduced by the amount
so paid.
(3) If a victim does not obey such a direction, the assessor may take
account of the fact by reducing any compensation award made
in favour of the victim.
10 21. Applicant may be required to enforce other remedies
(1) If an assessor dealing with a compensation application by or on
behalf of a victim who suffered injury as a consequence of the
commission of an offence is of the opinion that the victim --
(a) has reasonable grounds for taking proceedings
15 independently of this Act to obtain compensation or
damages for all or some of the claimed injury and any
claimed loss; or
(b) may be entitled under a contract of insurance to payment
for all or some of that injury or loss,
20 the assessor may require the victim to take proceedings to
obtain the compensation, damages or payment and may defer
the application pending the determination of those proceedings.
(2) If an assessor dealing with a compensation application by the
personal representative of a victim who died as a consequence
25 of the commission of an offence is of the opinion that the
personal representative --
(a) has reasonable grounds for taking proceedings
independently of this Act to obtain compensation or
damages for all or some of any claimed loss; or
page 17
Criminal Injuries Compensation Bill 2003
Part 3 Dealing with compensation applications
s. 22
(b) may be entitled under a contract of insurance to payment
for all or some of that loss,
the assessor may require the representative to take proceedings
to obtain the compensation, damages or payment and may defer
5 the application pending the determination of those proceedings.
22. CEO may apply for stay of compensation application
(1) The CEO may at any time request that a compensation
application be stayed because a prosecution for an alleged
offence to which the compensation application relates has been
10 or is about to be commenced.
(2) On such a request an assessor may stay the compensation
application for such period as the assessor decides.
23. Interim payments
(1) If an assessor dealing with a compensation application is
15 satisfied --
(a) that a person has incurred or is likely to incur expenses
that are or are likely to be a loss in respect of which
compensation will be or is likely to be awarded under
this Act on the application; and
20 (b) that the making of an interim payment of compensation
pending the final determination of the application is
warranted,
the assessor may make an interim payment of such reasonable
amount, and on such terms, as the assessor decides.
25 (2) For any one compensation application more than one interim
payment may be made but the total of the payments, not
including any payment for the funeral of a victim who has died,
must not exceed 3% of the maximum amount of compensation
that could be awarded if the application were for compensation
30 in relation to a single offence.
page 18
Criminal Injuries Compensation Bill 2003
Dealing with compensation applications Part 3
s. 24
(3) The total of any interim payments must be deducted from any
compensation award that is subsequently made in favour of the
victim or close relative.
(4) If one or more interim payments are made to a person and a
5 compensation award in favour of that person is subsequently
refused, the total of the interim payments becomes a debt due to
the State by the person.
24. Hearing to be held if assessor thinks fit
(1) An assessor may conduct a hearing of a compensation
10 application if he or she thinks fit.
(2) An assessor, without conducting a hearing of a compensation
application may make, or refuse to make, a compensation award
in respect of the application.
25. Hearings
15 (1) If an assessor decides to conduct a hearing of a compensation
application, the assessor must cause written notice of the time
and place of the hearing to be given to the applicant and to any
other interested person that the assessor intends to hear.
(2) A person who is notified of a hearing is entitled --
20 (a) to appear at the hearing and be heard by the assessor;
(b) to appear in person or to be represented by a lawyer, or
by a person approved by the assessor; and
(c) to present evidence and to call, examine and re-examine
witnesses and to cross-examine any witness not called
25 by that person.
(3) Section 63 applies for the purposes of conducting a hearing.
(4) A hearing by an assessor must be conducted in private unless
the assessor decides that it should be conducted in public.
(5) If a hearing is conducted in private, the assessor may exclude
30 any person who the assessor does not intend to hear.
page 19
Criminal Injuries Compensation Bill 2003
Part 3 Dealing with compensation applications
s. 26
26. Awards etc. to be in writing
A compensation award, or a decision to refuse to make a
compensation award, must --
(a) be made in writing; and
5 (b) be given to the applicant concerned.
27. Reasons for decisions
(1) If an assessor makes a compensation award, the assessor must
give written reasons for making the award to any interested
person who, in writing, asks the assessor for the reasons.
10 (2) If an assessor refuses to make a compensation award, the
assessor must give written reasons for the refusal to --
(a) the applicant; and
(b) any other interested person who, in writing, asks the
assessor for the reasons.
15 28. Copy of awards to be sent to CEO
The Chief Assessor must send a copy of a compensation award
to the CEO as soon as practicable after it is made.
page 20
Criminal Injuries Compensation Bill 2003
Matters governing compensation awards Part 4
s. 29
Part 4 -- Matters governing compensation awards
29. Assessor's general discretion
(1) In deciding whether or not to make a compensation award, or
the amount of a compensation award, an assessor may have
5 regard to any factors or circumstances that the assessor thinks
are relevant.
(2) Subsection (1) is subject to sections 12(3), 13(4), 14(4),
15(4), 16(4) and 17(4) and this Part.
30. Compensation awards, general
10 (1) On a compensation application in respect of injury suffered by a
victim as a consequence of the commission of an offence, an
assessor may award such compensation that the assessor is
satisfied is just for the injury and for any loss also suffered.
(2) A compensation award made under subsection (1) may include
15 directions that all or a specified part of the compensation be
held on trust for the victim by the person, and on any terms,
specified in the award.
(3) On a compensation application made by the personal
representative of a victim who dies as a consequence of the
20 commission of an offence, an assessor may award such
compensation that the assessor is satisfied is just for the loss
suffered by the one or more close relatives of the deceased.
(4) A compensation award made under subsection (3) may --
(a) apportion the compensation between 2 or more close
25 relatives;
(b) include directions that all or a specified part of the
compensation be held on trust for a close relative by the
person, and on any terms, specified in the award.
(5) An assessor may at any time for good reason amend or cancel a
30 direction made under subsection (2) or (4).
page 21
Criminal Injuries Compensation Bill 2003
Part 4 Matters governing compensation awards
s. 31
31. Maximum for single offence
(1) Subject to sections 32, 33 and 34, the maximum amount that
may be awarded in aggregate under sections 30(1) and (3) in
favour of one person for a single offence committed on a date in
5 a period set out in the Table to this subsection is set out in the
Table opposite that period.
Table
Item Period Maximum amount
(all dates inclusive)
1. 22 January 1971 to For an indictable offence: $2 000
17 October 1976 For a simple offence: $300
2. 18 October 1976 to $7 500
31 December 1982
3. 1 January 1983 to $15 000
31 December 1985
4. 1 January 1986 to $20 000
30 June 1991
5. 1 July 1991 to the day $50 000
before the day on which
this Act comes into
operation
6. On or after the day on $75 000
which this Act comes into
operation
(2) Subject to sections 32, 33 and 34, the maximum amount that
may be awarded in aggregate on a compensation application
10 made by the personal representative of a victim who dies as a
consequence of the commission of an offence committed in a
period set out in the Table to subsection (1) is set out in that
Table opposite the period.
(3) The regulations may from time to time amend the Table to
15 subsection (1) by --
(a) inserting a further item that specifies the maximum
amount for offences committed on or after a date
page 22
Criminal Injuries Compensation Bill 2003
Matters governing compensation awards Part 4
s. 32
specified or referred to in the item, being a date on or
after the date on which the regulations come into
operation; and
(b) making any necessary consequential amendments to any
5 previous item in the Table that do not change the effect
of the item.
32. Maximum for single offence by multiple offenders
Section 31(1) and (2) apply even if the single offence is
committed by 2 or more persons acting in concert.
10 33. Maximum for multiple related offences
(1) For the purposes of this section, 2 or more offences are related
to one another if an assessor is satisfied --
(a) that they were committed at approximately the same
time, whether by one person or by 2 or more persons
15 acting in concert; or
(b) that they are related for any other reason.
(2) If as a consequence of the commission of 2 or more related
offences, a person --
(a) suffers injury;
20 (b) suffers loss as the close relative of a victim who dies as
a consequence of one of the offences; or
(c) suffers both injury as described in paragraph (a) and loss
as described in paragraph (b),
the amounts awarded under section 30(1) and (3) in favour of
25 the person for the injury described in paragraph (a) and any loss
also suffered and for the loss described in paragraph (b) must
not in aggregate exceed the maximum amount that may be
awarded for the last one of the offences to be committed.
page 23
Criminal Injuries Compensation Bill 2003
Part 4 Matters governing compensation awards
s. 34
(3) Despite subsection (2), if a person is a close relative of 2 or
more victims who die as a consequence of 2 or more related
offences and as a result of 2 or more of those deaths --
(a) suffers injury;
5 (b) suffers loss as the close relative; or
(c) suffers both injury as described in paragraph (a) and loss
as described in paragraph (b),
the amounts awarded under section 30(1) and (3) in favour of
the person for the injury described in paragraph (a) and any loss
10 also suffered and for the loss described in paragraph (b) must
not in aggregate exceed twice the maximum amount that may be
awarded for the last one of the offences to be committed.
34. Maximum for multiple unrelated offences by one offender
(1) This section applies to and in respect of a compensation
15 application made on or after 23 September 2003.
(2) If as a consequence of 2 or more offences committed by one
person that are not related offences within the meaning of
section 33(1), another person --
(a) suffers injury;
20 (b) suffers loss as a close relative of a victim who dies as a
consequence of one or more of the offences; or
(c) suffers both injury as described in paragraph (a) and loss
as described in paragraph (b),
the amounts awarded under section 30(1) and (3) in favour of
25 the person for the injury described in paragraph (a) and any loss
also suffered and for the loss described in paragraph (b) must
not in aggregate exceed twice the maximum amount that may be
awarded for the last one of the offences to be committed.
page 24
Criminal Injuries Compensation Bill 2003
Matters governing compensation awards Part 4
s. 35
35. Mental and nervous shock, compensation for limited to
certain persons
(1) This section applies to and in respect of a compensation
application made on or after 23 September 2003.
5 (2) An assessor must not make a compensation award for mental
and nervous shock suffered by a victim as a consequence of the
commission of an offence, or for any loss in respect of such
shock, unless the assessor is satisfied --
(a) that the victim also suffered bodily harm or became
10 pregnant as a consequence of the commission of the
offence;
(b) that the victim was the person against whom, or against
whose property, the offence was committed;
(c) that a person other than the victim died or suffered
15 bodily harm as a consequence of the offence and the
victim was personally present when or immediately after
the offence was committed;
(d) that immediately before the offence was committed the
victim was the parent or step-parent of a person who
20 died as a consequence of the commission of the offence;
or
(e) that immediately before the offence was committed the
victim --
(i) was a close relative of a person who suffered
25 bodily harm or died as a consequence of the
commission of the offence; and
(ii) was living with that person.
(3) Despite subsection (2), if an assessor is satisfied --
(a) that a person died or was injured as a consequence of the
30 commission of an offence; and
(b) that the death occurred or the injury was suffered when
the person was committing a separate offence,
page 25
Criminal Injuries Compensation Bill 2003
Part 4 Matters governing compensation awards
s. 36
the assessor must not make a compensation award in favour of a
close relative of the person for mental and nervous shock
suffered by the close relative as a result of the death or injury.
36. No award if compensation likely to benefit offender
5 An assessor must not make a compensation award in favour of a
victim, or a close relative of a deceased victim, if the assessor is
of the opinion --
(a) that there is a relationship or connection between the
person who committed the offence and the victim or
10 close relative; and
(b) that by reason of the relationship or connection any
money paid under the award is likely to benefit or
advantage the person who committed the offence.
37. No award if injury is from motor vehicle in certain cases
15 (1) In this section --
"motor vehicle" has the meaning given by the Motor Vehicle
(Third Party Insurance) Act 1943.
(2) This section applies in relation to an offence committed on or
after 1 July 1993.
20 (3) An assessor must not make a compensation award in favour of
an injured victim in respect of the injury or any loss suffered by
the victim as a consequence of the commission of an offence if
satisfied that the injury was caused directly by, or by the driving
or other use of, a motor vehicle unless --
25 (a) the motor vehicle was used for the purpose of
committing the offence; and
(b) the offence is a crime.
page 26
Criminal Injuries Compensation Bill 2003
Matters governing compensation awards Part 4
s. 38
38. No award if applicant did not assist investigators
An assessor must not make a compensation award in favour of a
victim, or a close relative of a deceased victim, if the assessor is
of the opinion that the victim or close relative did not do any act
5 or thing which he or she ought reasonably to have done to assist
in the identification, apprehension or prosecution of the person
who committed the offence.
39. No award if victim was engaged in criminal conduct
(1) If an assessor is satisfied --
10 (a) that a person was injured as a consequence of the
commission of an offence; and
(b) that the injury was suffered when the person was
committing a separate offence,
the assessor must not make a compensation award in favour of
15 the person.
(2) If an assessor is satisfied --
(a) that a person died as a consequence of the commission
of an offence; and
(b) that the death occurred when the person was committing
20 a separate offence,
the assessor must not make a compensation award in favour of a
close relative of the person for any loss suffered by the close
relative as a result of the death.
40. No award if compensation already awarded
25 (1) In this section --
"previous award" means an order for compensation made
under the Criminal Injuries (Compensation) Act 1970, or
an award of compensation made under the Criminal
Injuries Compensation Act 1982, the Criminal Injuries
30 Compensation Act 1985, or this Act.
page 27
Criminal Injuries Compensation Bill 2003
Part 4 Matters governing compensation awards
s. 41
(2) An assessor must not make a compensation award in favour of a
victim who is injured as a consequence of the commission of an
offence if a previous award has been made in favour of the
victim in relation to an injury suffered as a consequence of the
5 offence.
(3) An assessor must not make a compensation award in favour of a
close relative of a victim who dies as a consequence of the
commission of an offence if a previous award has been made in
favour of the close relative in relation to loss suffered as a result
10 of the death.
41. Behaviour etc. of victim to be considered
In deciding whether or not to make a compensation award, or
the amount of a compensation award, in favour of a victim, or a
close relative of a deceased victim, an assessor --
15 (a) must have regard to any behaviour, condition, attitude,
or disposition of the victim that contributed, directly or
indirectly, to the victim's injury or death; and
(b) may, if he or she thinks it is just to do so --
(i) refuse to make a compensation award because of
20 that contribution; or
(ii) reduce the amount that the assessor would
otherwise have awarded.
42. Insurance payments etc. to be deducted from award
(1) In this section --
25 "registered organisation" has the meaning given by the
National Health Act 1953 of the Commonwealth.
(2) An assessor must deduct from a compensation award in relation
to any loss suffered by a victim, or a close relative of a deceased
victim, any amount that the victim or close relative would, but
30 for this Act, also be entitled to receive under a contract of
insurance with a registered organisation in respect of any of that
loss.
page 28
Criminal Injuries Compensation Bill 2003
Matters governing compensation awards Part 4
s. 43
(3) An assessor must deduct from a compensation award in relation
to any injury or loss suffered by a victim, or a close relative of a
deceased victim, any amount that the victim or close relative has
received by way of compensation or damages for the injury or
5 loss or under any other contract of insurance.
(4) If an assessor is satisfied that a victim, or a close relative of a
deceased victim, who has suffered injury or loss will receive an
amount by way of compensation or damages for the injury or
loss or under any other contract of insurance, the assessor may
10 deduct the amount from a compensation award in relation to
that injury or loss.
(5) Despite subsections (3) and (4), in the case of an application by
a personal representative of a deceased victim, the amounts
described in the Fatal Accidents Act 1959 section 5(2)(b)
15 and (c) must not be deducted.
43. Award to be off set against any amount owed to the State
An assessor may reduce the amount payable to a victim or close
relative under a compensation award by an amount not
exceeding any amount that the victim or close relative owes the
20 State --
(a) under section 23(4);
(b) under a compensation reimbursement order made under
section 52; or
(c) under section 68.
25 44. Person who incurs expenses may be paid directly
If a compensation award includes an amount in respect of
expenses incurred on behalf of a victim, or a close relative of a
deceased victim, by a person who is responsible for the
maintenance of the victim or close relative, the award may
30 direct that the amount be paid directly to that person.
page 29
Criminal Injuries Compensation Bill 2003
Part 4 Matters governing compensation awards
s. 45
45. Order about reimbursement order may be made
(1) When or after making a compensation award in respect of an
application made under section 12, an assessor who thinks it is
just to do so may make --
5 (a) an order barring proceedings under Part 6 in respect of
the award; or
(b) an order that only a part of the award (specified in the
order) may be the subject of proceedings under Part 6.
(2) At any time, on an application by the CEO, an assessor may
10 cancel an order made under subsection (1).
page 30
Criminal Injuries Compensation Bill 2003
Paying compensation awarded Part 5
s. 46
Part 5 -- Paying compensation awarded
46. Consolidated Fund charged with payment
The Consolidated Fund is charged with the payment of any
compensation awarded under this Act and is appropriated
5 accordingly.
47. Appeal period, payment may be withheld
Payment under a compensation award is not to be made until --
(a) the period referred to in section 55(3) has elapsed; and
(b) any appeal commenced under Part 7 is determined,
10 except with the written authority of an assessor.
48. Future treatment expenses, payment of
If a compensation award made in favour of a victim who has
suffered injury includes an amount in respect of expenses of the
kind referred to in section 6(2)(b), the amount is not to be paid
15 unless --
(a) the Chief Assessor is given evidence for the purposes of
paragraph (b) by or on behalf of the victim; and
(b) an assessor is satisfied that the expenses have been
reasonably incurred by or on behalf of the victim for
20 treatment that the victim required as a direct
consequence of the injury suffered by the victim in
consequence of the commission of the offence to which
the award relates.
page 31
Criminal Injuries Compensation Bill 2003
Part 6 Recovering compensation from offenders
s. 49
Part 6 -- Recovering compensation from offenders
49. CEO may request offender to reimburse compensation
If --
(a) a compensation award is made in respect of any injury
5 or loss suffered as a consequence of an offence; and
(b) a person is convicted of the offence,
then, subject to any order made under section 45(1), the CEO
may give the offender a written notice that requests the offender
to pay to the State as a lump sum --
10 (c) the whole, or such part as is specified in the notice, of
the amount paid or payable under the award; and
(d) the whole, or such part as is specified in the notice, of
the amount, if any, deducted under section 42(3) or (4)
and remitted to the Commonwealth under a law of the
15 Commonwealth.
50. Compensation reimbursement orders, application for
(1) At any time after a compensation award is made in relation to
an offence the CEO may apply to the Chief Assessor for a
compensation reimbursement order against a person who has
20 been convicted of the offence, subject to any order made under
section 45(1).
(2) An application may be made under subsection (1) whether or
not the CEO has given the offender a notice under section 49.
51. Dealing with applications
25 (1) In this section --
"application" means an application made under section 50(1)
or 52(3).
page 32
Criminal Injuries Compensation Bill 2003
Recovering compensation from offenders Part 6
s. 51
(2) On receiving an application the Chief Assessor must ensure
that --
(a) notice of the application is served on the offender; and
(b) the CEO and the offender are served with notice of --
5 (i) the time and place of the hearing of the
application;
(ii) the matters listed in section 52(2) that will be
considered at the hearing; and
(iii) their entitlements under subsection (3).
10 (3) A person who is notified of the hearing is entitled --
(a) to give the assessor, before the hearing, a written
submission about any matter relevant to the making of a
compensation reimbursement order;
(b) to appear at the hearing and be heard by the assessor
15 dealing with the application;
(c) to appear in person or to be represented by a lawyer, or
by a person approved by the assessor; and
(d) to present evidence and to call, examine and re-examine
witnesses and to cross-examine any witness not called
20 by that person.
(4) Section 63 applies for the purposes of conducting the hearing.
(5) The hearing must be conducted in private unless the assessor
decides that it should be conducted in public.
(6) If a hearing is conducted in private, the assessor may exclude
25 any person who the assessor does not intend to hear.
(7) At the hearing an assessor may inquire into --
(a) the matters listed in section 52(2); and
(b) any other matters that the assessor thinks are relevant to
the application.
page 33
Criminal Injuries Compensation Bill 2003
Part 6 Recovering compensation from offenders
s. 52
52. Compensation reimbursement order, making
(1) At the hearing of an application made under section 50(1), an
assessor may make a compensation reimbursement order that
orders the offender to pay to the State an amount specified in
5 the order being --
(a) the whole or part of the amount paid or payable under
the relevant compensation award; and
(b) the whole or part of the amount, if any, deducted under
section 42(3) or (4) and remitted to the Commonwealth
10 under a law of the Commonwealth,
in a lump sum or by means of instalments of such amounts and
at such times as the order specifies.
(2) In deciding whether to make a compensation reimbursement
order and the amount to be paid under the order an assessor
15 must have regard to the following --
(a) the extent to which the offender is responsible for the
victim's injury or death;
(b) whether the behaviour of the victim at the time of the
offence in any way precipitated or provoked the offence;
20 (c) whether any behaviour, condition, attitude, or
disposition of the victim contributed, directly or
indirectly, to the victim's injury or death;
(d) the offender's means to satisfy any such order having
regard to --
25 (i) the offender's income, assets and liabilities; and
(ii) the offender's current and prospective
employment;
(e) the extent to which the offender is likely to be able to
satisfy any such order within a reasonable time.
30 (3) The CEO or the offender may at any time apply for a
compensation reimbursement order to be amended or cancelled.
page 34
Criminal Injuries Compensation Bill 2003
Recovering compensation from offenders Part 6
s. 53
(4) On an application made under subsection (3), an assessor may
amend or cancel the compensation reimbursement order.
53. Compensation reimbursement order, enforcement of
(1) A compensation reimbursement order may be enforced by
5 lodging a copy of it, certified by an assessor as a true copy, and
an affidavit stating to what extent it has not been complied with,
with a court of competent jurisdiction.
(2) When a compensation reimbursement order is lodged with a
court of competent jurisdiction, the order is to be taken to be a
10 judgment of the court against the offender in favour of the State
and may be enforced accordingly.
54. Reimbursed amounts to be credited to Consolidated Fund
Any money paid or recovered under this Part must be credited
to the Consolidated Fund.
page 35
Criminal Injuries Compensation Bill 2003
Part 7 Appeals and referrals
s. 55
Part 7 -- Appeals and referrals
55. Appeal lies to the District Court
(1) An interested person may appeal to the District Court against an
assessor's decision --
5 (a) to make or to refuse to make a compensation award;
(b) as to the amount of a compensation award.
(2) The CEO or an offender may appeal to the District Court
against an assessor's decision --
(a) to make or to refuse to make, or to cancel or amend or to
10 refuse to cancel or amend, a compensation
reimbursement order under section 52;
(b) as to the amount of a compensation reimbursement order
made or amended under section 52.
(3) The appeal must be commenced within 21 days after the date of
15 the decision.
(4) If it is just to do so, the District Court may allow an appeal to be
commenced after the 21 days, and may do so even if the period
has expired.
(5) The appeal must be conducted in accordance with rules of court
20 made by the District Court.
56. Dealing with appeals
(1) The District Court must decide an appeal under section 55 on
the evidence and information that was in the possession of the
assessor concerned but may admit or receive additional
25 evidence or information.
(2) On an appeal under section 55 the District Court may do any or
all of the following --
(a) exercise any power of an assessor under this Act, other
than a power under section 19(1)(a), 24(1) or 25;
page 36
Criminal Injuries Compensation Bill 2003
Appeals and referrals Part 7
s. 57
(b) confirm, vary or reverse the assessor's decision, either in
whole or in part;
(c) make any order that an assessor could make under this
Act;
5 (d) order an unsuccessful party to the appeal to pay a
successful party's costs as set by the Court in
accordance with the scale of costs prescribed by the
regulations;
(e) refer a question of law that arises in the appeal to the
10 Full Court of the Supreme Court for determination;
(f) make any necessary consequential order.
57. District Court decision is final
The District Court's decision on an appeal made under this Part
is not appealable.
15 58. Assessor may refer question of law to Supreme Court
An assessor may refer a question of law that arises in relation to
a compensation application or the interpretation of this Act to
the Full Court of the Supreme Court for determination.
page 37
Criminal Injuries Compensation Bill 2003
Part 8 Administrative matters
s. 59
Part 8 -- Administrative matters
59. Chief Assessor and Assessors, appointment of etc.
Schedule 1 has effect.
60. Chief Assessor may allocate work to assessors
5 The Chief Assessor may allocate and reallocate compensation
applications to or among himself or herself and the other
assessors to be dealt with in accordance with this Act.
61. Administrative staff
Any person needed to assist the assessors must be appointed
10 under the Public Sector Management Act 1994 Part 3.
62. Annual report and other reports
(1) Before 1 October in each year, the Chief Assessor must give the
Minister a report about the operation of this Act during the
financial year that ended on 30 June in that year.
15 (2) At any other time the Chief Assessor may give the Minister a
report about the operation of this Act.
(3) The Minister must cause any report given to him or her under
this section to be laid before each House of Parliament within
15 sitting days of that House after receiving it.
20
page 38
Criminal Injuries Compensation Bill 2003
Miscellaneous Part 9
s. 63
Part 9 -- Miscellaneous
63. Witnesses at hearings of applications
(1) In this section --
"application" means a compensation application, or an
5 application made under section 50(1) or 52(3);
"witness" means a person who is given a notice under
subsection (2).
(2) For the purposes of conducting a hearing of an application, an
assessor, on the application of a person who has been given
10 notice of the hearing or on the assessor's own initiative, may
give a person a written notice that requires him or her to appear
at the hearing and do one or both of the following --
(a) to give oral evidence;
(b) to produce any record that is described generally or
15 specifically in the notice and that is in his or her
possession or control.
(3) An assessor may administer an oath or affirmation to a witness.
(4) An assessor may ask a witness any question.
(5) A witness commits an offence if he or she, without a reasonable
20 excuse, does not --
(a) appear in accordance with a notice given to the person
under subsection (1);
(b) take an oath or affirmation as required by an assessor; or
(c) give oral evidence or produce a record as required by an
25 assessor.
Penalty: $5 000.
(6) A witness who complies with a notice given to the witness
under subsection (2) is entitled to a reasonable amount, decided
by an assessor, in respect of any expenses incurred or earnings
30 lost by the witness in so complying.
page 39
Criminal Injuries Compensation Bill 2003
Part 9 Miscellaneous
s. 64
(7) If an amount is paid under subsection (6) in relation to a witness
at a hearing of an application that relates to an offence of which
a person is convicted, an assessor may order the offender to pay
the State the whole or part of the amount.
5 (8) Section 53 applies to an order made under subsection (7) as if
the order were a compensation reimbursement order.
64. Publicity, assessor may restrict
(1) In this section --
"proceedings" means --
10 (a) a compensation application or an application made
under Part 6;
(b) proceedings on a hearing of such an application; or
(c) a decision, award or order made by an assessor on
such an application, or the reasons for it;
15 "specified" means specified in an order made under this
section.
(2) If satisfied that it is in the interests of justice to do so, an
assessor may make an order in respect of specified proceedings
that prohibits the publication of the proceedings, or of a report
20 or summary of them, or of a specified part or particular of them.
(3) Without limiting subsection (2), an assessor may make an order
that prohibits the publication of any particular of specified
proceedings that is likely to lead members of the public to
identify a specified person who is --
25 (a) a victim;
(b) a close relative of a deceased victim; or
(c) a person who committed an offence to which any
proceedings relate, whether or not he or she has been
convicted of it.
30 (4) In making an order under this section an assessor must have
regard to the desirability of the public being informed of the
page 40
Criminal Injuries Compensation Bill 2003
Miscellaneous Part 9
s. 65
nature of applications made under this Act and the principles
applied in deciding them.
(5) A person who contravenes an order made under this section
commits an offence.
5 Penalty:
(a) for a natural person: $5 000;
(b) for a body corporate: $25 000.
65. Immunity for assessors, lawyers and witnesses
(1) An assessor has, in the performance of his or her functions as an
10 assessor, the same protection and immunity as a Judge of the
Supreme Court has in performance of his or her duties as a
Judge.
(2) A person representing a person at a hearing conducted by an
assessor under this Act has the same protection and immunity as
15 a lawyer has in representing a party in proceedings in the
Supreme Court.
(3) A person appearing as a witness before an assessor has the same
protection and immunity as a witness has in proceedings in the
Supreme Court.
20 66. Protection of assessors from personal liability
(1) In this section, a reference to the doing of anything includes a
reference to an omission to do anything.
(2) A civil action does not lie against a person for anything that the
person does, while he or she is an assessor, in good faith in the
25 performance or purported performance of a function of an
assessor.
(3) The Crown is also relieved of any liability that it might
otherwise have had for another person having done anything as
described in subsection (2).
page 41
Criminal Injuries Compensation Bill 2003
Part 9 Miscellaneous
s. 67
67. Costs
An assessor does not have power to award costs.
68. Repayment to State of insurance payments etc.
If --
5 (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;
(b) the victim or close relative also receives or recovers in
respect of that injury or loss an amount under a contract
10 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
15 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.
20 69. Debts due to the State, recovery of
(1) A debt due to the State under section 23(4) or 68 may be
recovered in a court of competent jurisdiction.
(2) Any such debt that is paid or recovered must be credited to the
Consolidated Fund.
25 70. False information, offence of giving
(1) In this section --
"prescribed information" means any information given --
(a) in a compensation application;
page 42
Criminal Injuries Compensation Bill 2003
Miscellaneous Part 9
s. 71
(b) in response to a request made, or a notice given,
under section 19; or
(c) in an application made under section 50(1) or 52(3).
(2) A person who gives any prescribed information knowing that it
5 is false in a material particular commits an offence.
Penalty: $5 000.
(3) A court that convicts a person of an offence under
subsection (1) in respect of information given in or in relation to
a compensation application may, in addition to the sentence it
10 imposes, order the person to repay to the State the whole or a
part of any amount paid to the person under a compensation
award made on the compensation application.
71. Limitation period for prosecutions
A prosecution for an offence under this Act must be
15 commenced within 2 years after the date on which the offence is
alleged to have been committed.
72. Regulations
(1) The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed or are
20 necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
(2) Without limiting the generality of subsection (1), regulations
may --
(a) provide for the substituted service on a person of notices
25 issued under section 19, 25, 51(2) or 63, or on an appeal,
in cases where it is impossible or impracticable to give
the notice to the person;
(b) create offences and provide penalties for such offences.
page 43
Criminal Injuries Compensation Bill 2003
Part 9 Miscellaneous
s. 73
73. Repeal, transitional provisions and consequential
amendments
Schedule 2 has effect.
page 44
Criminal Injuries Compensation Bill 2003
Provisions about assessors Schedule 1
Schedule 1 -- Provisions about assessors
[s. 59]
1. Qualifications for appointment
A person is qualified to be appointed under clause 2 as the Chief
5 Assessor or as an Assessor if he or she --
(a) is a lawyer; or
(b) is a barrister or solicitor of the Supreme Court of another
State or a Territory,
of at least 8 years' standing and practice.
10 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.
15 (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.
20 (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
25 from time to time by the Governor on the recommendation of the
Minister for Public Sector Management.
page 45
Criminal Injuries Compensation Bill 2003
Schedule 1 Provisions about assessors
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 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;
(b) has shown himself or herself to be incompetent to properly
10 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.
page 46
Criminal Injuries Compensation Bill 2003
Repeal, transitional and consequential provisions Schedule 2
Schedule 2 -- Repeal, transitional and
consequential provisions
[s. 73]
Division 1 -- Repeal
5 1. Criminal Injuries Compensation Act 1985 repealed
The Criminal Injuries Compensation Act 1985 is repealed.
Division 2 -- Transitional provisions
2. Interpretation
(1) In this Division --
10 "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.
15 3. Pending applications
(1) If immediately before commencement an application made under the
Criminal Injuries (Compensation) Act 1970 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.
20 (2) If immediately before commencement an application made under the
Criminal Injuries Compensation Act 1982 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
25 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
page 47
Criminal Injuries Compensation Bill 2003
Schedule 2 Repeal, transitional and consequential provisions
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
5 Injuries Compensation Act 1982 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 section 50(4) of the repealed Act.
(5) If immediately before commencement an appeal, or an application
10 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.
15 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 or the repealed Act, the
District Court must not make any order on the appeal that could not
20 have been made under the law applicable at the time the decision
appealed against was made.
5. Assessors
(1) If immediately before commencement a person holds the office of
Chief Assessor referred to in the repealed Act section 5, then on
25 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
30 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.
page 48
Criminal Injuries Compensation Bill 2003
Repeal, transitional and consequential provisions Schedule 2
(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
5 terms and conditions of the appointment under the repealed Act.
6. Annual reports
(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
10 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
15 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 -- Consequential amendments
7. Adoption Act 1994 amended
20 (1) The amendments in this clause are to the Adoption Act 1994*.
[* Reprinted as at 2 January 2001.
For subsequent amendments see Western Australian Legislation
Information Tables for 2002, Table 1, p. 6 and Act No. 8 of 2003.]
(2) Section 21(3)(b) is amended as follows:
25 (a) by deleting "Criminal Injuries Compensation Act 1985" and
inserting instead --
" Criminal Injuries Compensation Act 2003 ";
(b) by deleting "or an alleged offence";
(c) by deleting "or alleged offence".
page 49
Criminal Injuries Compensation Bill 2003
Schedule 2 Repeal, transitional and consequential provisions
(3) Section 24(2)(e)(ii) is amended as follows:
(a) by deleting "Criminal Injuries Compensation Act 1985" and
inserting instead --
" Criminal Injuries Compensation Act 2003 ";
5 (b) by deleting "or an alleged offence";
(c) by deleting "or alleged offence".
8. Constitution Acts Amendment Act 1899 amended
(1) The amendments in this clause are to the Constitution Acts
Amendment Act 1899*.
10 [* Reprinted as at 8 June 2001.
For subsequent amendments see Western Australian Legislation
Information Tables for 2002, Table 1, p. 76 and Acts Nos. 24 of
2002 and 8, 30, 31, 35 and 50 of 2003.]
(2) Schedule V Part 1 Division 1 is amended by deleting "Assessor
15 appointed under the Criminal Injuries Compensation Act 1982." and
inserting instead --
"
Chief Assessor of Criminal Injuries Compensation or an
Assessor of Criminal Injuries Compensation appointed
20 under the Criminal Injuries Compensation Act 2003.
".
9. Offenders (Legal Action) Act 2000 amended
(1) The amendments in this clause are to the Offenders (Legal Action)
Act 2000*.
25 [* Act No. 46 of 2000.]
(2) Section 3(1) is amended in the definition of "action" as follows:
(a) by inserting after "in tort," in the second place where it
appears --
" or ";
30 (b) by deleting "or an application under the Criminal Injuries
Compensation Act 1985".
page 50
Criminal Injuries Compensation Bill 2003
Repeal, transitional and consequential provisions Schedule 2
10. Sentencing Act 1995 amended
(1) The amendments in this clause are to the Sentencing Act 1995*.
[* Reprinted as at 4 May 2001.
For subsequent amendments see Western Australian Legislation
5 Information Tables for 2002, Table 1, p. 353 and Acts Nos. 57 of
1999, 64 of 2000 and 35 and 50 of 2003.]
(2) Section 115(1) is amended by deleting "Criminal Injuries
Compensation Act 1985" and inserting instead --
" Criminal Injuries Compensation Act 2003 ".
10 (3) Section 115(2a) is amended by deleting "Criminal Injuries
Compensation Act 1985" and inserting instead --
" Criminal Injuries Compensation Act 2003 ".
(4) Section 117(2a) is amended by deleting "as defined in section 3(1) of
the Criminal Injuries Compensation Act 1985" and inserting
15 instead --
"
within the meaning of the Criminal Injuries
Compensation Act 2003
".
page 51
Criminal Injuries Compensation Bill 2003
Defined Terms
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), 63(1)
assessor............................................................................................................ 3
CEO................................................................................................................. 3
charged offence ..........................................................................................14(1)
Chief Assessor ................................................................................................. 3
close relative ............................................................................................3, 4(1)
commencement ........................................................................... Sch. 2, cl. 2(1)
compensation application ................................................................................. 3
compensation award......................................................................................... 3
compensation reimbursement order................................................................... 3
convicted.......................................................................................................... 3
health professional ........................................................................................... 3
injury ............................................................................................................... 3
interested person .............................................................................................. 3
lawyer .............................................................................................................. 3
loss ................................................................................................. 3, 6(2), 6(3)
motor vehicle .............................................................................................37(1)
offence ............................................................................................................. 3
personal item............................................................................................... 6(1)
personal representative ..................................................................................... 3
prescribed information................................................................................70(1)
previous award...........................................................................................40(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)
page 52
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