Compensation for Victims of Crime

If you have been injured or suffered loss as a result of a criminal offence, you may be able to:

• make a compensation claim under the Criminal Injuries Compensation Act 2003
• bring a common law claim against the offender
• ask the court sentencing the offender to give you a compensation or restitution order against the offender.

If you are in receipt of Centrelink payments or a pension, you should check what impact the compensation will have on your past or future payments.

Making a Claim for Compensation Under the Criminal Injuries Compensation Act 2003

A claim for criminal injuries compensation can be made for injury caused by, and/or loss from, an offence which occurred on or after 22 January 1971. If the incident happened before this seek legal advice.

Reporting the Offence to the Police

You should report the offence to the police as soon as possible and give them whatever information and help you can. Even if no one is caught or convicted, you may still make a claim and may receive compensation.

When making a report to the police make sure you write down the name of the police officer and the report number.

In some circumstances you may not be awarded compensation if you have not fully helped the police in their enquiries. You would need a very good reason for not reporting the offence to the police.

Time Limit

There is a three year time limit to make a claim for Criminal Injuries Compensation. The time limit runs from the date the incident took place. It may be extended if the Office of Criminal Injuries Compensation decides you had a good reason or reasons for not making the claim within that time.

Sometimes you will not know the extent of your injury before the three year time limit ends. In this case, you should:

• lodge your claim before the time limit ends, and
• send a letter with it to the Office of Criminal Injuries Compensation saying that your injuries have not settled and you will send more information when they have.

Your claim will be rejected until the extra information is given in your application but you will not have to ask for an extension of time later.

The time limit may be extended in some cases, particularly if you were injured as a child, or had an intellectual disability at the time. If you believe you have a claim but are outside the time limit you should get legal advice.

What does the Compensation Cover?

Compensation is available for:

• pain and suffering
• loss of enjoyment of life
• loss of income
• medical expenses, which includes the costs of getting medical reports
• other incidental expenses (such as travel for medical treatment and loss/damage of clothing).

In the case of death, a close relative may be eligible for funeral expenses and compensation for the loss of financial support. If a close relative has paid for funeral expenses he or she can be compensated.

Do I Need Legal Advice?

Many of the issues regarding a claim for compensation are complex. You should get legal advice if:

• the offence has not been reported to the police
• the offender is acquitted of the offence
• the offender is not charged
• the victim is a child
• you were injured as a child
• you have suffered long term sexual abuse
• you are unsure of your injuries or loss
• you do not claim within the three year time limit
• you wish to make a claim for mental or psychological injury
• you are a close relative fo a person killed as a result of the offence and wish to make a claim for:
• loss of financial support and/or
• funeral expenses
• you wish to make a claim for future loss of earnings
• a hearing is arranged
• you are not satisfied with the amount of compensation you receive and wish to appeal
• you receive a query from the Australian Taxation Office about payment of tax on an award.

If you cannot afford to see a private lawyer, you may be able to get legal advice from Legal Aid - call 1300 650 579. There is a fee payable for this service with a reduced rate for concession cardholders.

How Do I Make a Claim?

Complete an application form. They are available from:

The Office of Criminal Injuries Compensation
Level 12, International House
26 St Georges Terrace, Perth WA 6000
Telephone: (08) 9425 3250

The forms can be downloaded from the Department of the Attorney General's website:

Forms:
Attorney General's web site, then select Victims of Crime.

Guidelines:
Attorney General's web site, then select Support for Victims and then click on Compensation.

Your application must include:

• any medical, psychiatric or psychological reports
• incident and prosecution details (for example, date, place of incident, offence number, was anyone charged etc)
• a written account in your own words of what the injury is and how the offence and injury has affected you eg: any change which has happened in your work, home or social life as a result of the offence
• proof of any expenses such as your loss of income, medical expenses including the cost of medical reports, transport costs, the replacement of any damaged personal items, funeral expenses.

Interim Payments

An interim payment is a reimbursement or up front payment for expenses you have as a result of the injury. A payment can be made at any time after the incident and can be for funeral, medical report or treatment costs. An interim payment forms part of your award if your application is accepted.

To make a claim you need to provide as much information as possible. Get legal advice.

The interim payment amounts cannot exceed 3% of the maximum amount that could be awarded.

If the application for compensation is refused and an interim payment is made, it becomes a debt to the State.

Get legal advice.

What Happens Next?

Many applications are assessed without any need for you to be present.Sometimes the Assessor may ask you to provide more information.

The Assessor may require you to go to another doctor. If you do not go the Assessor may reduce any compensation that may be awarded.

The Assessor will pay the reasonable costs of this attendance. If an award is made this will form part of the compensation awarded.

You will be advised, in writing, whether or not compensation will be paid.

Sometimes, the Assessor may need you to attend a hearing. You and the offender are both able to take a lawyer to the hearing (You will have to pay your own legal fees).

You can also ask the Assessor if the offender will be there.

You may receive less compensation or your application may be refused if it is thought that you were partly to blame for your injury.

Does the Offender have to Know?

The offender will be told that you have made a claim. They may be given an edited copy of your claim and your medical reports. The offender will not be told where you live. You can write and ask the Assessor not to show the offender a copy of your claim and medical reports. You should give the Assessor your reasons for not wanting the offender to see your documents. In most cases the Assessor will not proceed with the claim without the offender viewing the reports.

The offender has the right to answer your claim and to get legal advice.

Can I Appeal the Decision?

You have the right to appeal to the District Court if you are not happy with the amount of compensation awarded.

You must lodge your appeal within 21 days after the date of the order.

The 21 day time limit may be extended in some circumstances.

Common Law Claims

You may have another type of claim available to you called "a common law claim" if you have suffered injury or loss through a criminal offence.

Whether this type of claim is better in your situation will depend on the facts of the case and the offender's ability to pay. A lawyer will be able to advise you on this.

The most usual common law claims result from assault and battery.

There is a time limit within which you must start your court action for a common law claim. In some cases the court can extend a time limit. Get legal advice.

Claiming Compensation & Restitution under the Sentencing Act

When the person responsible for the crime against you is convicted, you may be able to apply to the court sentencing the offender for a compensation or restitution order.

The application can be made:

• by you or the prosecutor
• at the time the offender is sentenced
• up to 12 months after the date of sentencing.

A restitution order is an order for the offender or a third party to return property to you. If the goods are not returned, you can seek enforcement of the order. The responsibility is on you to enforce the order. Contact the Western Australian Sheriff's office on (08) 9425 2481.

A compensation order is an order that the offender pay money to you for loss of or damage to property and expense reasonably incurred. If the offender does not pay the compensation amount, you can seek enforcement of the order through the appropriate court. Click here to check which is the appropriate court. The responsibility is on you to enforce the order.

If a compensation or restitution order is made in your favour you may still:

• make a claim for Criminal Injuries Compensation
• pursue a common law claim.

You can appeal a decision not to make a compensation or restitution order.
If the decision was made in the Magistrates Court you have 28 days from the date of the decision to appeal.
If the decision was made in the District or Supreme Court you have 21 days from the date of the decision to appeal.
Get legal advice.

Support for Victims of Crime

The Victim Support Service offers confidential counselling and referral for victims of crime. This is located at:

Level 5, May Holman Centre, 32 St Georges Tce PERTH 6000.
Telephone: (08) 9425 2850 or Freecall: 1800 818 988.

Visit the Attorney General's web site for more information on Compensation for Victims of Crime. Select Victims of Crime and then click on Compensation for victims of crime.

Last Reviewed: September 2009