Criminal Injuries Compensation Regulations 2003 (WA)

Western Australia

Criminal Injuries Compensation Act 2003

Criminal Injuries Compensation Regulations 2003

Western Australia

Criminal Injuries Compensation Regulations 2003 Contents

Western Australia

Criminal Injuries Compensation Act 2003

Criminal Injuries Compensation Act 2003

Criminal Injuries Compensation Regulations 2003

Part 1 – Preliminary1.Citation

These regulations may be cited as the Criminal Injuries Compensation Regulations 2003.

2.Commencement

These regulations come into operation on the day on which the Criminal Injuries Compensation Act 2003 comes into operation.

3.Interpretation

In these regulations, unless the contrary intention appears —

Act means the Criminal Injuries Compensation Act 2003;

section means a section of the Act.

Part 2 – Procedural matters4.Substituted service

• (1)

  If an assessor is satisfied that it is impracticable or impossible, under the Interpretation Act 1984 section 76, to give a person notice under section 19, 25 or 63(2) or to serve a person with notice under section 51, the assessor may direct that the notice be published once in a newspaper that circulates throughout the State.

• (2)

  If under subregulation (1) a notice is published, it is to be taken as having been given or served on the day when it is so published.

4A.Compensation application may be made and given electronically

For the purposes of section 11(1), a compensation application may be made and given to the Chief Assessor by means of the electronic case management system for the management of proceedings in Western Australian courts and tribunals.

[Regulation 4A inserted: SL 2023/19 r. 4.]

Part 3 – Appeals5.Costs of appeals

• (1)

  In relation to an appeal under Part 7 of the Act, the scale of costs for the purposes of section 56(2)(d) is as set out in this regulation.

• (2)

  If the successful party is represented by a legal practitioner, the party is entitled to the following costs —

  • (a)

    for the preparation of the appeal — a maximum of $180;

  • (b)

    if a substantive or interlocutory hearing is held in the District Court — a maximum of $180 for each day of the hearing.

• (3)

  Whether or not the successful party is represented by a legal practitioner, the party is entitled to any expenses that he or she has reasonably and properly incurred for the purposes of the appeal.

[Regulation 5 amended: Gazette 31 Jul 2007 p. 3794.]

Notes

This is a compilation of the Criminal Injuries Compensation Regulations 2003 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.

Compilation table

Citation	Published	Commencement
Criminal Injuries Compensation Regulations 2003	30 Dec 2003 p. 5727-8	1 Jan 2004 (see r. 2 and Gazette 30 Dec 2003 p. 5722)
Criminal Injuries Compensation Amendment Regulations 2007	31 Jul 2007 p. 3793‑4	r. 1 and 2: 31 Jul 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Aug 2007 (see r. 2(b))
Attorney General Regulations Amendment (Electronic Processes) Regulations 2023 Pt. 2	SL 2023/19 14 Mar 2023	15 Mar 2023 (see r. 2(b))

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

Act...................................................................................................................................... 3

section................................................................................................................................ 3