Criminal Injury

If you have been injured as a result of a criminal offence, you might be entitled to compensation. The Criminal Injuries Compensation Act 2003 WA (“CIC Act”) sets out the statutory framework for such injuries.

“Offence” includes a proved offence or an alleged offence, which means that compensation may be payable even though the offender was not convicted or even charged with the offence giving rise to injury. However, you must still prove, on the balance of probabilities, that an offence took place.

“Injury” means bodily harm, mental and nervous shock, or pregnancy.

A claim for criminal injuries compensation can be made for injury including any financial loss flowing from such injury.

You may be entitled to compensation under the CIC Act, if you are were a close relative of a person killed as a result of an offence, e.g. a spouse, de-facto, parent, grandparent, step-parent, child, step-child, or grandchild.

Compensation is available for “loss”, which includes any expenses you actually and reasonably had to pay because of your injury. For example, damage to personal items such as clothing worn when the injury was suffered, or travel costs to medical appointments, or loss income.

What do I do after the criminal offence?

You should report the offence or offences to the police as soon as possible and give them whatever assistance you can. You will not be compensated if you did not anything to assist in the identification, apprehension or prosecution of the person who committed the offence.

How do I make criminal injury compensation claim?

To make criminal injury compensation claim you must complete an application form (https://cict.justice.wa.gov.au/L/lodging_an_application.aspx) or apply online via eCourts Portal (https://ecourts.justice.wa.gov.au/eCourtsPortal/?AspxAutoDetectCookieSupport=1).

Your application must be supported by the following documents:

• Incident and prosecution details (date and place of offence, offence report number, was a person charged, what was the charge, date of hearing). To obtain this information, you need to request the Information Report for Criminal Injuries Compensation pursuant to the Freedom of Information Act. This report contains information about the incident held by the police.
• Medical, psychiatric and psychological reports. The cost of such reports can be claimed as disbursements.
• A statement describing your injuries and how the offence and injuries have affected your work, personal and social life.
• Proof of any expenses, such as loss of income/ time off work while injured
• medical and psychological expenses including treatments and reports; travel to medical appointment expenses; replacement of any damaged personal items; funeral expenses, etc.

Who can make a claim?

Claim for injury compensation can be made by the victim and in some cases, a close relative. The CIC Act defines close relative a: a parent, grandparent or step parent of the victim; the spouse or de facto partner of the victim; a child, a grandchild or stepchild of the victim. A close relative does not include a brother or sister.

A close relative may have a claim where the victim dies or where they suffer psychological injury as a result of what happened to the victim.

Contact RZ Injury Lawyers to check if you are eligible and to get free claim assessment.

Time limits

To be eligible for criminal injury compensation you need to make your claim within 3 years from the date of the offence; or the date of the last offence, if there have been a number of offences against you over time by the same offender.

The time limit might by extended if the Office of Criminal Injuries Compensation decides that you have a good reason for not making the claim within that time limit.

If you want to make a criminal injury compensation claim, contact RZ Injury Lawyers as soon as possible.

Maximum compensation under the CIC Act are as follows:

Do I need a lawyer

Criminal injury compensation claims can be complex and stressful. Whilst it is possible for an unrepresented litigant to lodge a claim for compensation, in order to maximise your damages it is best to let an experienced solicitor handle your claim.