Compensation win for victims of crime

22/9/03 Victims of crime will be eligible for substantially higher compensation and have access to new interim payments to cover immediate expenses under major reforms announced by the State Government today.

22/9/03
Victims of crime will be eligible for substantially higher compensation and have access to new interim payments to cover immediate expenses under major reforms announced by the State Government today.
Attorney General Jim McGinty said the changes would significantly reduce financial pressure on victims by ensuring earlier access to money for counselling and other vital treatment, more realistic compensation for serious injury and a fairer system for everyone.
The major overhaul of criminal injuries compensation meets a key election commitment of the Gallop Government.
The changes - to be introduced to State Parliament this week - will give Western Australia the best criminal injury compensation scheme in Australia.
Key reforms include:

  • a 50 per cent increase in the maximum criminal injury compensation award for a single event - up from $50,000 to $75,000;
  • provision for twice the maximum to be paid (up to $150,000) where people suffer the loss of more than one family member they live with in a single homicide event;
  • provision for twice the maximum to be paid (up to $150,000) where a person is injured as a result of a series of offences committed by the same offender over a period of time;
  • providing interim payments for expenses such as medical and dental treatment, counselling and funeral costs to alleviate hardship while claims are being determined;
  • allowing awards to take account of expected future medical treatment, rather than the present system where applicants usually must wait until treatment is completed before finalising a claim - causing significant hardship and delays;
  • banning compensation for people injured while engaging in criminal conduct;
  • banning the relatives of offenders who were injured while engaged in criminal conduct from claiming compensation for mental and nervous shock;
  • limiting claims that are only for mental and nervous shock to people who actually witness or attend the event; or are close relatives living with the person injured by the offence; or are the parents or step-parents of a homicide victim. Designed to ensure assistance goes to the real victims of crime and not people only remotely connected to the crime; and
  • providing for compensation where an offence was committed or alleged to be committed by a person of unsound mind (who cannot be held criminally responsible) and who was therefore not charged or charges did not proceed.
Mr McGinty said criminal injuries compensation - which was paid to victims of crime by the Government - was available in all States as a symbolic payment to reflect the community's concern for innocent victims of crime. Where possible, the money was recovered from criminals.
    In 2002-03, more than 960 victims received payments totalling $14.2million from the Government for mental and physical harm caused by crimes ranging from assault and unlawful wounding through to armed robbery, rape and murder.
      The Attorney General said the new $75,000 maximum payment was a crucial reform, as the existing maximum had not changed in over a decade and was clearly inadequate in some circumstances, particularly when significant expenses were incurred.
        The new maximum - the highest in Australia alongside Queensland - combined with the other significant reforms in WA would provide a new national standard of care for victims of crime.
          Mr McGinty said interim payments were an essential reform as the time taken for some victims to receive compensation had caused real financial hardship on top of the stress and trauma associated with the crime.
            In some cases, victims could be thousands of dollars in debt long after the event, paying off funeral and other expenses while waiting for a claim to be finalised.
              "It is also essential that people who engage in criminal conduct, and their relatives, have no prospect of receiving compensation for injuries associated with their crime," Mr McGinty said.
                "There have been notorious cases particularly in the Eastern States where criminals and their relatives have successfully gained compensation, much to the disgust of the community.
                  "Our reforms will place it beyond doubt that criminals and their relatives in WA cannot benefit from criminal behaviour."
                    Attorney General's office: 9220 5000