Compensation for victims of crime

You may be able to get compensation if you have been injured or experienced financial loss from the injury, as the result of a crime committed in Western Australia (such as from an assault, robbery, family violence or sexual offence).

There are several ways you can apply to be compensated: you might seek criminal injuries compensation, take legal action against the offender, or ask the court to make an order at the time of sentencing for the criminal offence committed against you.

The Criminal Injuries Compensation Scheme is designed to provide compensation if you suffered physical harm, mental or nervous shock, or pregnancy from an offence committed in Western Australia. 

Our Civil Law Division may be able to provide advice about making a claim for Criminal Injuries Compensation.

If you need help responding to an application for Criminal Injuries Compensation, or appealing a decision by the Assessor, please call the Infoline.

Your local community legal centre or Family Violence Prevention Legal Service (FVPLS) may also be able to provide advice and assistance with Criminal Injuries Compensation applications. FVPLS also offer counselling services for Aboriginal peoples and Torres Strait Islanders who are victims of family violence or sexual assaults.

This page has brief information on some of your options if you are the victim of a crime and on Criminal Injuries Compensation, including situations where it may be useful to get legal advice.

If I have been injured as the result of a crime, what are my options for compensation?

If you have been injured (or suffered loss flowing from the injury) because of a criminal offence you may be able to:

  • make a compensation claim under the Criminal Injuries Compensation Act 2003 (WA).
  • bring a common law claim against the offender.
  • ask the court sentencing the offender to make an order for compensation or restitution.

If you are a survivor of childhood sexual abuse while in the care of a State or Commonwealth institution you may be able to apply for assistance from the National Redress Scheme. Some non-government institutions (such as churches and charities) also joined this Scheme.

What is Criminal Injuries Compensation?

Victims of crime who have suffered an injury can apply for compensation under the Criminal Injuries Compensation Act 2003 (WA).

A close relative of a person killed as a result of an offence may also be able to claim compensation for some of the financial loss caused by the person's death. Close relatives include a spouse, de facto partner, parent, grandparent, step-parent, child, step-child, or grandchild.

What does the compensation cover?

Compensation may cover:

  • pain and suffering
  • loss of enjoyment of life
  • loss of income
  • medical or psychological expenses including the costs of reports and treatment, and
  • other incidental expenses (such as travel for medical treatment and loss/damage of clothing, footwear or aids).

In the case of death, a close relative may be eligible for compensation to cover funeral expenses and the loss of financial support. 

Do I need legal advice?

Many claims for compensation are complex and time limits apply. You should get legal advice if:

  • you did not report the offence to the police
  • the offender was acquitted of the offence
  • the offender was 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
  • it has been more than three years since the offence happened
  • you wish to make a claim for mental or psychological injury
  • you wish to make a claim as a close relative of a person killed as a result of the offence
  • you wish to make a claim for future loss of earnings
  • a hearing has been arranged
  • you are not satisfied with the amount of compensation you received and wish to appeal, or
  • you received a query from the Australian Taxation Office about payment of tax on an award.

Resources

More information

 

 

Reviewed: 24 January 2024

 

 

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Disclaimer

The information displayed on this page is provided for information purposes only and does not constitute legal advice. If you have a legal problem, you should see a lawyer. Legal Aid Western Australia aims to provide information that is accurate, however does not accept responsibility for any errors or omissions in the information provided on this page or incorporated into it by reference.