What Is Criminal Injuries Compensation in WA?

In Western Australia, individuals who have been injured or suffered loss as a result of a criminal offence may be entitled to financial compensation through the Criminal Injuries Compensation scheme. This government-operated process allows victims to apply for compensation under the Criminal Injuries Compensation Act 2003 (WA), even if no one has been charged or convicted, provided that the offence was reported and reasonable efforts were made to assist police investigations.

Criminal injuries compensation is available to victims who have sustained either physical or psychological injuries. The term "injury" includes not only physical harm but also mental trauma and, in some cases, pregnancy resulting from the offence. In addition to injury, the scheme allows for claims in respect of financial losses that have directly resulted from the injury. These losses may include medical and counselling expenses, travel costs to treatment, loss of income, and replacement of damaged personal property such as clothing worn during the incident. In cases involving the death of a victim, close relatives may also be eligible to claim funeral expenses or seek compensation for trauma or loss of financial support.

It is essential that the offence is reported to the police, and the victim must have done everything reasonably possible to assist with the identification, apprehension, and prosecution of the offender. However, compensation may still be awarded even if no person is convicted, provided the circumstances of the offence are proven on the balance of probabilities. Victims should obtain and keep the name of the investigating officer and the police report number, as this information is required when submitting an application.

There is a strict time limit for lodging an application for compensation. The application must be made within three years from the date of the offence, or the last offence if there was a series of related incidents. In some cases, the Office of Criminal Injuries Compensation (OCIC) may extend the time limit if the applicant can demonstrate good reason for the delay. Victims are encouraged to seek legal advice, particularly if they were injured as a child, are unsure of the full extent of their injuries, or have suffered psychological trauma. If the full impact of the injuries is not known before the deadline, the victim may still lodge an initial claim and provide a covering letter indicating that further information will be supplied when available. This may preserve their right to have the claim assessed at a later stage.

Applications are submitted to the OCIC either through the eCourts Portal, by email, or by post. The application must include details of the incident, the nature and impact of the injuries, police and prosecution information, medical and psychological reports, and proof of financial losses or expenses. If an applicant is unable to afford medical reports upfront, they may request an interim payment. These are limited payments that can cover expenses such as funeral costs, reports, or urgent treatment. However, if the overall application is later refused, any interim payment becomes a debt owed to the State.

Following lodgment, most applications are determined on the papers and do not require a hearing. In some circumstances, however, the Assessor may schedule a hearing and may require the victim to undergo a medical or psychological assessment. Both the victim and the alleged offender may attend the hearing with legal representation. The offender is usually notified of the claim and may be provided with an edited copy of the application and supporting documents, particularly if the State intends to recover the compensation amount from them. Victims concerned about the offender being informed may request that the Assessor refrain from initiating recovery proceedings, but must provide detailed reasons for this request, including any fears for safety or evidence of past behaviour that supports the concern.

If the Assessor grants compensation, the applicant will receive written confirmation. However, awards may be reduced, or the application denied, if the victim is found to have contributed to the offence or their own injury. Victims who are dissatisfied with the amount awarded have the right to appeal to the District Court within 21 days of the decision, although extensions may be granted in limited circumstances. Similarly, the offender may appeal the award, and no payment will be made while the appeal is pending.

In addition to criminal injuries compensation, victims may also seek compensation or restitution orders through the criminal court if the offender is convicted. These orders can be made at the time of sentencing or up to twelve months afterwards. Restitution orders generally require the return of stolen property, while compensation orders may cover loss or damage to property and associated expenses. These court-ordered payments cannot include compensation for personal injury, so a separate claim through the OCIC or civil litigation may still be necessary.

In some cases, victims may be entitled to bring a common law claim directly against the offender, depending on the circumstances and the offender’s financial capacity. This is a more complex process and is subject to strict limitation periods. Legal advice is essential to determine whether this course of action is suitable and whether the claim falls within the required timeframe.

At AviorLaw, we understand that victims of crime face immense emotional and practical challenges. We offer fixed-fee legal advice and representation for criminal injuries compensation claims and can assist with assessing eligibility, preparing your application, liaising with doctors and police, and pursuing appeals where necessary. If you or someone you know has been impacted by a criminal offence and is unsure of their options, contact us for a confidential discussion about how we can assist.