CRIMINAL INJURIES COMPENSATION ACT 2003

Table of Provisions

• Long Title

PART 1 -- Preliminary  

• 1 Short title
 
• 2 Commencement
 
• 3 Terms used
 
• 4 Term used: close relative
 
• 5 Term used: convicted
 
• 6 Term used: loss
 
• 7 Construction of Act
 
• 8A Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies

PART 2 -- Applying for compensation

Division 1 -- General  

• 8 Offences for which compensation may be sought
 
• 9 Time limit for making compensation application
 
• 10 Death of person entitled to compensation ends entitlement
 
• 11 How to make compensation application

Division 2 -- When and what compensation can be claimed  

• 12 Proved offence
 
• 13 Alleged offence: acquittal
 
• 14 Alleged offence: acquittal due to unsoundness of mind
 
• 15 Alleged offence: accused not mentally fit to stand trial
 
• 16 Alleged offence: charge not determined
 
• 17 Alleged offence: no person charged

PART 3 -- Dealing with compensation applications  

• 18 Procedure, general matters
 
• 19 Assessor’s general powers
 
• 20 Victim may be directed to attend doctor etc.
 
• 21 Applicant may be required to enforce other remedies
 
• 22 CEO may apply for stay of compensation application
 
• 23 Interim payments
 
• 24 Hearing to be held if assessor thinks fit
 
• 25 Hearings
 
• 26 Awards etc. to be in writing
 
• 27 Reasons for decisions
 
• 28 Copy of awards to be sent to CEO

PART 4 -- Matters governing compensation awards  

• 29 Assessor’s general discretion
 
• 30 Compensation awards, general
 
• 31 Maximum for single offence
 
• 32 Maximum for single offence by multiple offenders
 
• 33 Maximum for multiple related offences
 
• 34 Maximum for multiple unrelated offences by one offender
 
• 35 Mental and nervous shock, compensation for limited to certain persons
 
• 36 No award if compensation likely to benefit offender
 
• 37 No award if injury is from motor vehicle in certain cases
 
• 38 No award if applicant did not assist investigators
 
• 39 No award if victim was engaged in criminal conduct
 
• 40 No award if compensation already awarded or refused
 
• 41 Behaviour etc. of victim to be considered
 
• 42 Insurance payments etc. to be deducted from award
 
• 43 Award to be offset against any amount owed to State
 
• 44 Person who incurs expenses may be paid directly
 
• 45 Order about reimbursement order may be made

PART 5 -- Paying compensation awarded  

• 46 Consolidated Account charged with payment
 
• 47 Appeal period, payment may be withheld
 
• 48 Future treatment expenses, payment of

PART 6 -- Recovering compensation from offenders  

• 48A Term used: compensation award
 
• 49 CEO may request offender to reimburse compensation
 
• 50 Compensation reimbursement orders, application for
 
• 51 Dealing with applications
 
• 52 Compensation reimbursement order, making
 
• 53 Compensation reimbursement order, enforcement of
 
• 54 Reimbursed amounts to be credited to Consolidated Account

PART 7 -- Appeals and referrals  

• 55 Appeal lies to District Court
 
• 56 Dealing with appeals
 
• 57 District Court decision is final
 
• 58 Assessor may refer question of law to Court of Appeal

PART 8 -- Administrative matters  

• 59 Chief Assessor and assessors, appointment of etc.
 
• 60 Chief Assessor may allocate work to assessors
 
• 61 Administrative staff
 
• 62 Annual report and other reports

PART 9 -- Miscellaneous  

• 62A Assessor may conduct hearing
 
• 63 Witnesses at hearings of applications
 
• 64 Publicity, assessor may restrict
 
• 65 Immunity for assessors, legal practitioners and witnesses
 
• 66 Protection of assessors from personal liability
 
• 67 Costs
 
• 68 Repayment to State of insurance payments etc.
 
• 69 Debts due to State, recovery of
 
• 70 False information, offence of giving
 
• 71 Limitation period for prosecutions
 
• 72 Regulations
 
• 73 Repeal and transitional provisions
• SCHEDULE 1 -- Provisions about assessors  
• SCHEDULE 2 -- Repeal, transitional and consequential provisions