You may be eligible to claim compensation under the Criminal Injuries Compensation Act 2003 if you are a:
- victim of an offence and are injured and/or experience financial loss as a result of the injury
- close relative of a person killed as a result of an offence, eg a spouse, defacto, parent, grandparent, step-parent, child, step-child, or grandchild, and experience financial loss as a result of that offence.
Compensation can be sought for an incident reported to the police regardless of whether a person has been identified, charged or convicted of the offence.
The Criminal Injuries Compensation Scheme is designed to provide compensation if you suffer bodily harm, mental or nervous shock or pregnancy resulting from an offence.
Compensation may cover:
- pain and suffering
- loss of enjoyment of life
- loss of income
- medical or psychological expenses
- other incidental expenses, such as travel for medical treatment or damage of clothing.
In the case of a death, a close relative can apply for funeral expenses and loss of financial support.
The assessor of criminal injuries compensation is responsible for assessing each claim and making a decision regarding compensation.
When to make an application
You have three years from the date of the offence, or the last offence, to lodge an application. Your application should be made once you have reached an acceptable stage of recovery from your injuries, except where interim payments are sought for treatment, reports or funeral costs.
You may apply for interim payment of expenses before your application is finalised. If your claim is more than three years old, you may still apply, but must get an extension. You will need to provide written reasons for the delay with your completed application.
Criminal Injuries Compensation forms and guidelines are available for download from the Office of Criminal Injuries Compensation website.
Interim payments can be made for funeral expenses or treatment costs. Alternatively, you may pay all accounts yourself and then submit these at a later date with your application. Remember to keep all your receipts because without proof of payment you may not be able to claim the costs you have incurred.
Compensation payments are made directly to the applicant by the Government but the State will try to recover the money from the offender. However, you will not be involved in these proceedings.
For further assistance and information about applying for criminal injuries compensation, contact:
Office of the Criminal Injuries Compensation
Department of Justice
Level 10, Golden Square
32 St Georges Terrace
PERTH WA 6000
Phone: 6 18 9425 3250
Fax: 6 18 9425 3271
GPO Box F317
PERTH WA 6841
9.00 am to 4.00 pm Monday - Friday
Note: Staff are unable to provide legal advice.