Law Reform Commission of Western Australia
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Publications

Project 46 - Criminal injuries compensation

Project No. 46

Commenced: 1974
Completed: 1975

The original terms of reference were confined to whether the maximum amounts of compensation payable under the Act should be increased. However, the Commission was also concerned that orders for compensation were made against offenders who usually could not pay the amounts owing, leaving victims looking to the state for compensation. Also, there was no provision for compensation for victims where the offender was not brought to trial, or if brought to trial was acquitted on the ground of insanity. As a result of these additional concerns, the Commission obtained approval to undertake a complete review of the Criminal Injuries (Compensation) Act 1970 (WA).

Terms of Reference

In 1974 the Commission was asked to conduct a review of the Criminal Injuries (Compensation) Act 1970 (WA).

Outcomes

The Criminal Injuries (Compensation) Act 1970 (WA) was replaced by the Criminal Injuries (Compensation) Act Amendment Act 1976 (WA) which substantially implemented the Commission’s recommendations. However, at this stage the government did not act on the recommendation that a special tribunal be created to deal with claims of compensation, nor that claims be met from the Consolidated Revenue fund.

These outstanding recommendations were subsequently implemented by the Criminal Injuries Compensation Act 1982 (WA).This legislation was repealed in 1985 and replaced by the Criminal Injuries Compensation Act 1985 (WA) which, amongst other things, increased the amount of compensation available to victims.

Last updated: 31-Jan-2017

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