Are you a Victim of Criminal Activity
If you have suffered a personal injury as a result of crime, misdemeanour or simple offence (occurring after 22 January 1971) and someone has been convicted of the offence, you may be entitled to compensation under the State’s criminal injuries compensation scheme. You may still be entitled to compensation even if the person was not identified, charged or convicted of the offence so long as the matter was reported officially to the Police.
The scheme also benefits a close relative of a deceased victim of crime, if that relative has suffered a financial loss as a result of the person’s death.
Time Limits for Making a Claim
You must make a claim within three years from the date on which the offence was committed.
How do I Make a Claim
A claim must be made in writing by completing a prescribed form which can be accessed along with other useful information here.
The form is to be sent to the Chief Assessor, Criminal Injuries Compensation Commission, GPO Box F317 PERTH WA 6841ph 08 94253250 fax 08 94253271.
Your claim will then be processed. You may be requested to provide more information or attend a medical review. You may be directed to claim compensation from someone else eg your employer, a third party or another insurer, and there may be a formal hearing of your claim.
If there is a hearing, the offender will be informed of the date and invited to attend and present evidence/make submissions.
You can engage a lawyer to represent you but the costs will not form part of your claim and are therefore not recoverable.
I Don’t Know whether anyone was Charged or Convicted
The Police offer a service enabling you to access various information concerning the offence after you have reported it. The information is called a Permissible Information Report and comprises;
- The incident report number
- The location of the offence
- The time and date of the offence
- The offence
- Confirmation of the victims name
- The police district in which the offence occurred
- The outcome of the investigation
- If a person was convicted, their name, the court and the date of the conviction.
A fee of $30 (2017/18) is payable for the Report and an application can be made here (navigate to On Line Forms-Apply for Information and go to “Information Report for Criminal Injuries Compensation”) or by calling the relevant department on 92687800.
What Can I Claim
You may be entitled to compensation for any injury (bodily harm, mental or nervous shock or pregnancy) you suffer. The compensation is for;
- Pain and suffering
- Loss of enjoyment of life
commonly called general damages as well as certain types of losses being;
- Expenses actually and reasonably incurred that arise directly from the injury;
- Medical report fees;
- The cost of past and future medical treatment;
- Loss of income;
- Loss of or damage to personal items being clothing, footwear, spectacles, hearing aid, artificial teeth or limbs, a surgical appliance or implant used to correct or relieve a physical disability or medical condition
There is a maximum benefit of $75,000 (for offences committed after 1 January 2004) payable as compensation.
You will not be entitled to any compensation if, when you were injured, you were involved in criminal activity. Also, your claim may be reduced if your behaviour, conduct, attitude or disposition, contributed directly or indirectly to the injury.
And if you are Dissatisfied with the Decision or the Amount of Compensation Awarded?
You have 21 days from the date of the decision to appeal to the District Court. There is no further right of appeal to any higher court. You must serve the appeal papers on
- The Chief Assessor, Criminal Injuries Compensation
- The Director General, Department of the Attorney General
- The offender, if any.
Have your Received a Compensation Reimbursement Order (CRO)
If you have been served with an application for a CRO, you will also receive notice of a hearing to determine whether an order should be made against you by the Chief Assessor, Criminal Injuries Compensation Commission, to repay amounts previously paid to an injured person (by the State of Western Australia from Consolidated Revenue) as compensation.
You will be invited to attend the hearing and make any submissions you consider appropriate and present evidence. You are entitled to be represented by a lawyer.
At the hearing, a decision will be made as to whether you should be ordered to repay the State, all or part of the compensation paid to the victim and if so, on what terms (CRO). The factors taken into account include the following;
- Whether you were entirely or partly responsible for the victims injury;
- Whether the victims behaviour at the time of the offence or thereafter, was a contributing factor;
- Your means of repaying the compensation “within a reasonable time”