Criminal Injuries (Compensation) Act 1970 (WA)

1970.] Criminal Injuries (Compensation). [No. 69.

CRIMINAL INJURIES

(COMPENSATION).

No. 69 of 1970.

AN ACT to provide for the payment in certain circumstances of compensation to persons who suffer injury by reason of the commission of offences and for incidental and other purposes.

[Assented to 17th November, 1970.]

RE it enacted by the Queen's Most Excellent

Majesty, by and with the advice and consent

of the Legislative Council and the Legislative

Assembly of Western Australia, in this present

Parliament assembled, and by the authority of the

same, as follows:—

1. This Act may be cited as the Criminal Injuries Short title.

(Compensation) Act, 1970.

2. This Act shall come into operation on a date Commence- meat.

to be fixed by proclamation.

No. 69.] Criminal Injuries (Compensation). [1970.

Definitions.

3. In this Act, unless the contrary intention

appears

"injury" means bodily harm and includes pregnancy, mental shock and nervous shock;

"offence" means a crime, misdemeanour or simple offence;

"section" means section of this Act;

"Under Secretary" means the person holding the office of Under Secretary, Crown Law Department of the State and includes the person for the time being duly acting in the place of the Under Secretary.

Order by

court for 4. (1) Where a person is convicted of an offence,

payment of

compensa- the court by which, or the judge before whom, the'Lion for

111J1113r. person was tried may, at any time after his convic-

tion on the application of a person who has suffered injury in consequence of the commission of the offence, order that a sum, not exceeding two thousand dollars if the offence is an indictable offence, or not exceeding three hundred dollars if the offence is a simple offence, be paid by the person convicted out of his property to such other person, by way of compensation for injury suffered by that other person by reason of the commission of the offence.

(2) In determining whether or not to make an order pursuant to subsection (1) of this section, the court or judge shall have regard to any behaviour of the other person that contributed, directly or indirectly, to the injury suffered by him, and to such other circumstances as it or he considers relevant (including whether that other person is or was a relative of the person against whom the order is sought, or was, at the time of the commission of the offence, living with such person as his wife or her husband or as a member of the household of such person) and shall also have regard to the provisions of this Act.

1970.] Criminal Injuries (Compensation). [No. 69.

(3)

This section shall be construed as being in

addition to, and not in derogation of, the provisions

of any other Act.

(4) An order of a court or judge under subsection (1) of this section may be enforced in the same manner as an order of that court for the payment of a fine.

5.    Where an order for the payment of a sum in Avi

excess of one hundred dollars by way of compensa- °sfafiront-of tion for injury suffered by reason of the commission gate of an offence has been made pursuant to section 4 Fund.

or pursuant to a provision of another Act in the gfifiiier

course of proceedings for the trial of a person for Code.

an offence, the person in whose favour the order has been made may make application in writing to the Under Secretary for payment to him of the sum, or so much thereof as is payable pursuant to this Act, out of the Consolidated Revenue Fund.

6.    (1) On the acquittal of a person accused of It5P1!=

an offence or the dismissal of a complaint or infor-

mation against him, the court before which that ai=r	person was, or would have been tried, may on appli- rjuitted,
cation by a person claiming to be aggrieved by reason of the commission of the offence, grant a certificate stating the sum to which he would have been entitled pursuant to an order under section 4 if the accused person had been convicted of the offence and an order had been made under that section.
(2) A certificate shall not be granted under sub- section (1) of this section if the sum referred to in that subsection would amount to less than one hundred dollars.
(3) The court shall not grant a certificate under this section, unless it is satisfied that the person claiming to be aggrieved has in fact suffered injury by reason of an offence committed by some other person.

No. 69.] Criminal Injuries (Compensation). [1970.

(4) A person to whom a certificate has been granted under this section may make application in writing to the Under Secretary for payment to him of the sum specified in the certificate out of the Consolidated Revenue Fund.

Payment of

compensa-	7. (1) Subject to section 8, the Under Secretary cation under section 5 or subsection (4) of section 6, send to the Treasurer of the State a statement signed by the Under Secretary setting forth the particulars of the application and specifying
tion by
Treasurer to	shall, as soon as practicable after receiving an appli-
applicant.

(a)	the sum ordered to be paid to the applicant as referred to in section 5 or the sum speci- fied in the certificate granted to the appli- cant under subsection (1) of section 6, as the case may be; and
(b)	any amounts that, in the opinion of the Under Secretary, the applicant has re- ceived, or would, if he had exhausted all relevant rights of action and other legal remedies available to him, receive, inde- pendently of this Act, by reason of the injury to which the application relates.

(2) The Under Secretary shall make such inquiry as may be necessary for the effectual operation of this section.

(3) Where the Treasurer of the State, after receiving the statement of the Under Secretary relating to such an application as is referred to in subsection (1) of this section, considers that in the circumstances of the case the making under this subsection of a payment to the applicant is justi- fied, the Treasurer of the State may pay to the applicant out of the Consolidated Revenue Fund an amount equal to the difference between the appropriate amount referred to in paragraph (a) of subsection (1) of this section, and the amounts referred to in paragraph (b) of that subsection, as specified in that statement.

1970.] Criminal Injuries (Compensation). [No. 69.

(4) Any payments under subsection (3) of this section may be made without further appropriation than this Act.

8. The Under Secretary may defer sending to lalt=nt

the Treasurer of the State any statement under gregtetry

subsection (1) of section 7, for as long as he con-

siders it necessary to do so, to enable him to specify

in the statement the amounts referred to in para-

graph (b) of that subsection.

Subrogation

9. (1) Where any payment is made under section 7 in pursuance of an application made under section	of rights to	UnderSecretary.
5, or a certificate granted under section 6, the Under Secretary has and may exercise, to the extent of the payment, the rights of the person for whose benefit the payment was made against the person convicted of the offence or the person who committed the offence in respect of which the payment was made, and the rights of the first mentioned person shall be to that extent divested from that person and vested in the Under Secretary.
(2) All money paid to the Under Secretary in full or partial satisfaction of his rights under subsection (1) of this section, shall be paid by him into the Consolidated Revenue Fund.