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CRIMINAL INJURIES COMPENSATION ACT 1985

Table of Provisions

PART I -- Preliminary  

  • 1 Short title
  •  
  • 2 Commencement
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  • 3 Interpretation
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  • 4 Construction of Act

PART II -- Offices of Chief Assessor, acting Chief Assessor and Assessors  

  • 5 Chief Assessor
  •  
  • 5A Acting Chief Assessor
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  • 5B Assessors
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  • 5C Matters relating to Chief Assessor, acting Chief Assessors and Assessors
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  • 6 Clerical and secretarial staff

PART III -- Applications for and award of compensation  

  • 7 Application and award where offence committed
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  • 8 Application where accused acquitted on account of unsoundness of mind
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  • 9 Application where accused incapable of understanding proceedings or not of sound mind
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  • 10 Application where accused dies before verdict
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  • 11 Application where complaint or indictment withdrawn or nolle prosequi entered
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  • 12 Application where no person charged
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  • 13 Award where application made under section 8, 9, 10, 11 or
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  • 14 Application and award where alleged offender acquitted
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  • 15 Application on certificate of Attorney General
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  • 16 Form of Application
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  • 17 Time for making application
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  • 18 Persons interested in an application
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  • 19 Award of compensation
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  • 20 Prescribed maximum amount
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  • 21 Chief Assessor to furnish reasons for decision
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  • 22 Applicant may be required to enforce other remedies
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  • 23 No award where compensation likely to benefit offender
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  • 24 No award where applicant failed to assist in enforcement
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  • 24A Procedure when, but for this Act, there would be entitlement to payment from health insurance fund
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  • 24B No award where injury or loss arises from certain motor vehicle accident
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  • 25 Behaviour etc. of applicant to be considered
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  • 26 Deductions for other compensation
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  • 27 General discretion of Chief Assessor

PART IV -- Procedure and evidence  

  • 28 Chief Assessor to act informally
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  • 29 Notice to interested persons
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  • 30 Chief Assessor may make enquiries
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  • 31 Decision may be deferred until further information obtained
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  • 32 Chief Executive Officer may apply for stay of application
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  • 33 Determination without hearing
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  • 34 Hearings
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  • 35 Witnesses and compulsion to furnish information
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  • 36 Hearings generally to be in private

PART V -- Payment of compensation  

  • 37 Compensation charged on Consolidated Fund
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  • 38 Expenses may be paid directly to person who incurred them
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  • 38A Recovery from offender by Crown
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  • 39 Recovery from offender
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  • 40 Crown to be reimbursed out of other compensation or damages recovered

PART VI -- Appeals and references to District Court  

  • 41 Appeals to District Court
  •  
  • 42 References to District Court by Chief Assessor
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  • 43 How Judge to proceed

PART VII -- Miscellaneous  

  • 44 Costs
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  • 45 False statements
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  • 46 Liability and protection of witnesses, and of persons representing parties
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  • 47 Publication of reports of, names and persons involved in, applications
  •  
  • 48 Report to Parliament
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  • 49 Regulations
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  • 50 Repeal and transitional provisions

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