Western Australian Numbered Acts Western Australian Numbered Acts
TABLE OF PROVISIONS
Long Title
Preamble
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Interpretation
4. “Close relative”, meaning of
5. “Convicted”, meaning of
6. “Loss”, meaning of
7. Construction of Act
PART 2 -- Applying for compensation
Division 1 -- General
8. Offences for which compensation may be sought
9. Time limit for making a compensation application
10. Death of person entitled to compensation ends entitlement
11. How to make a 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 off set against any amount owed to the 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 Fund charged with payment
47. Appeal period, payment may be withheld
48. Future treatment expenses, payment of
PART 6 -- Recovering compensation from offenders
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 Fund
PART 7 -- Appeals and referrals
55. Appeal lies to the District Court
56. Dealing with appeals
57. District Court decision is final
58. Assessor may refer question of law to Supreme Court
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
63. Witnesses at hearings of applications
64. Publicity, assessor may restrict
65. Immunity for assessors, lawyers and witnesses
66. Protection of assessors from personal liability
67. Costs
68. Repayment to State of insurance payments etc.
69. Debts due to the State, recovery of
70. False information, offence of giving
71. Limitation period for prosecutions
72. Regulations
73. Repeal, transitional provisions and consequential amendments
SCHEDULE 1 -- Provisions about assessors
SCHEDULE 2 -- Repeal, transitional and consequential provisions
[Assented to 15 December 2003]