Hoffmans Barristers and Solicitors

Criminal Injuries Compensation

Being a victim of a crime is very life changing. If you are the victim of an offence and are injured from that offence, you can claim compensation.

Also, if you are a close relative of a person killed as a result of an offence, you may make a claim. Compensation is available for things such as pain and suffering and loss of enjoyment of life.

Hoffmans can help you file your application and, if needed, guide you through the hearing process.

Can victims of crime be compensated for their injuries ?

Hoffmans Criminal Injuries Compensation

Yes.

The Government of Western Australia has made provision for victims of crime to be compensated for injuries sustained on or after 1 January 1986 under the Criminal Injuries Compensation Act 1985 and has appointed an independent Assessor to administer this Act.



Am I eligible for compensation ?

You can claim compensation whether or not a person has been identified, charged, or convicted of the crime. You are eligible for compensation if:

  • You are the victim of an offence and are injured as a result.
  • You are a close relative of a person killed as a result of an offence.

What can I apply for ?

The Criminal Injuries Compensation Act is designed to provide compensation if you suffer bodily harm, mental or nervous chock, or pregnancy, resulting from an offence.

Compensation is available for:

  • pain and suffering
  • loss of enjoymnent of life
  • loss of income
  • medical expenses you have paid
  • other incidental expenses. e.g. travel and loss of clothing

In cases of death, a close relative can apply for funeral expenses and loss of support.

How much can I claim ?

The amount you receive will depend on the extent of your injuries and the losses you have suffered. The maximum award is $20,000.

Is my behaviour relevant ?

Yes.

An award may be reduced, or refused, if the Assessor considers your behaviour contributed to your injury.

What types of claim will NOT be accepted ?

In some cirumstances, you may not be eligible for compensation.

These include cases where you:

  • have not reported the incident in which you suffered your injuries to the police within reasonable time. (Unless you can show that the delay was justified).
  • failed to help police in their enquiries regarding the arrest or prosecution of an accused person.

  • have claimed for injuries, expenses and losses that can be recovered from another source, e.g. injuries covered by Third Party compensation, medical expenses that can be recovered from Medicare, lost income that can be recovered under the Workers Compensation Act.

    Also in some circumstances you may not be eligible for compensation if the offender is acquitted (for further details please contact the Assessor's Office).

When should I make my application ?

You have 3 years from the date of the offence to lodge an application. Your application should be made when you have reached the maximum stage of recovery from your injuries. If your claim is more than three years old, you may still apply, but you will need to seek an extension of time and gives reasons for the delay.

How do I apply ?

By writing to the Assessor of Criminal Injuries Compensation whose address is:- GPO Box F317, Perth W.A. 6001

You should give brief details of the date, place and circumstances of the offence. An application form detailing the information required will then be sent to you. You will also have to provide medical reports and other documents in support of your application.

Do I need a solicitor ?

You can make your own appication, or have a solicitor assist you. If you engage a solicitor, the Assessor cannot allow the costs.

How will my application be dealt with ?

In the majority of cases, applications are dealt with by the Assessor from the information provided by you. Only in some cases, you will have to attend a hearing.

If I have to attend a hearing, what will happen ?

Most hearings are held in the offices of the Assessor and are conducted in private and as informally as possible. However, they may also be held in country centres. You may take family or friends for support or be represented by a solicitor or someone else you wish to speak for you.

Will my privacy be protected ?

Your application is kept confidential and hearings are conducted in private. However, copies fo decisions made by the Assessor are available to the news media. In special cases, the Assessor can order that names of people are awarded compensation are not made public. In awards involving sexual offences, this is always done.

Will my offender be present at my hearing ?

It is unlikely that the person who committed the offence in which you were injured will be present at the hearing. If the offender is required to attend the hearing, you will be notified of this in advance.

Do I have to pay an application fee ?

There is no fee for lodging your application.

Will the offender have to pay ?

Yes

The crown can take action to recover the money from the offender. You will not be involved in these proceedings.

Can I paid compensation in advance ?

No

The assessor has no power to award advance compensation payments.

Can I appeal against a decision ?

If you disagree with the assessors decision, you can lodge an appeal in the District Court. You must lodge your appeal within 21 days of notification of the Assessor's decision.

Can I be compensated for injuries prior to 1 January 1986 ?

You may be able to make an application. Please contact the Assessor's Office for more information.