JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL
LOCATION: PERTH
CITATION: RE CJR [2023] WADC 111
CORAM: PALMER DCJ
HEARD: 14 SEPTEMBER 2023
DELIVERED : 29 SEPTEMBER 2023
FILE NO/S: APP 5 of 2023
MATTER: IN THE MATTER of Part 7 of the Criminal Injuries Compensation Act 2003
AND
IN THE MATTER of an Appeal by
BETWEEN: CJR
Appellant
ON APPEAL FROM:
Jurisdiction : CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA
Coram: ASSESSOR R A CAPARARO
File Number : CIC 1480/2022
Catchwords:
Criminal injuries compensation - Appeal from assessor's refusal to award compensation by reason of delay in making application - Whether extension of time for bringing application should be allowed
Legislation:
Criminal Injuries Compensation Act 2003 (WA), s 9(2)
Result:
Appeal dismissed
Decision confirmed
Representation:
Counsel:
| Appellant | : | Mr J N Trigg |
| Amicus Curiae | : | Ms J G Kasbergen appeared on behalf of the Chief Executive Officer of the Department of Justice |
Solicitors:
| Appellant | : | Stephen Browne Lawyers (South Perth) |
| Amicus Curiae | : | State Solicitor for Western Australia |
Case(s) referred to in decision(s):
Goodwin v Baker [2020] WADC 43
Gullelo v Halloran [2008] WADC 145
Hansen v Bolton [2017] WADC 25
Harris v Sycamore [2022] WADC 4
Hinchcliffe v Hinchcliffe [2010] WADC 78
Nagel v Tahere [2020] WADC 110
Re ATS [2017] WADC 92
Re ATS [2019] WADC 76
Re Coad [2023] WADC 9
Re HCM [2018] WADC 20
Re Jackamarra [2014] WADC 9
Re McHenry [2014] WADC 92
Re Richards [2022] WADC 100
Re Swinford [2021] WADC 82
Re Tilbury [2010] WADC 46
Re Warrek [2019] WADC 50
PALMER DCJ:
Introduction
This is an appeal under s 55(1)(a) of the Criminal Injuries Compensation Act 2003 (WA) (the Act). By way of a Notice of Appeal dated 30 January 2023, the Appellant appeals against a decision of Assessor Capararo made on 22 December 2022 to refuse the Appellant criminal injuries compensation (Decision).
On 27 May 2022 the Appellant submitted a claim for criminal injuries compensation (Application).[1] The Application was made pursuant to s 17 of the Act in respect of injuries that the Appellant alleged she suffered as on 22 December 2011.[2]
[1] Assessor's Papers (AP), pages 4 - 7.
[2] AP, page 5.
The Application was made seven years, five months late. Pursuant to s 9(1) of the Act, the Application was required to be made within three years from the date of the alleged offence. As the Appellant alleged the offence had been committed on 22 December 2011, the Application needed to be made by 21 December 2014.
Section 9(2) of the Act provides that an assessor may allow a compensation application to be made after three years if the assessor thinks it is just to do so and may do so on…
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- AGLC
- Re CJR [2023] WADC 111
- Case
- [2023] WADC 111
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the delay in making the application for compensation was so substantial that it warranted denying the claim outright. The central legal issue was whether the statutory time limit for making the application could be extended due to exceptional circumstances. The court had to consider the relevant statutory provisions, the principles governing the granting of extensions of time, and the specific facts of the case.
The court examined the statutory provisions governing the application for compensation and the principles established in previous cases concerning extensions of time. It considered the nature and extent of the delay, the reasons for the delay, and whether there were any exceptional circumstances that justified an extension. After careful consideration, the court found that the delay was not so significant as to preclude the grant of compensation, and that exceptional circumstances did indeed warrant an extension of time. The appeal was allowed, and the matter was remitted to the assessor for reconsideration of the application on its merits.
The final orders of the court were that the applicant's appeal against the refusal to award compensation be allowed, and that the matter be remitted to the assessor for reconsideration of the application on its merits. The court emphasized that the assessment of the application would now be based on the merits of the case, rather than the delay in making the application.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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