Compensation for Victims of Crime

Where personal injury has not occurred, victims may be able to obtain compensation through the court via a reparation order.

This order can be made in addition to (not as part of) the sentence imposed on an offender. A reparation order must be made during sentencing proceedings, or within 12 months of the date the offender was sentenced. The court must consider whether it is appropriate to make a reparation order.

Types of reparation orders

There are two types of reparation orders that can be made:

1. Compensation order: which seeks to compensate victims for lost or damaged property, or for expenses incurred as a result of the offence. This order instructs the offender to pay an amount of money set by the court to a victim.
2. Restitution order: instructs an offender to give back property that has been taken from a victim.

Note - this type of compensation must be paid to the court by the offender, and victims will only receive funds once the offender has paid them.

Application process

A victim or a prosecutor can apply for a reparation order to be made by the court. If you do not know who your prosecutor is, please contact the investigating police officer.

An application for an order can be made:

• Pre-sentence: orally or in writing (using an approved form available from the court).
• Post-sentence: in writing (using an approved form) within 12 months after the date the offender was sentenced.

More information

For information about the application process, enforcing a compensation order, or general enquiries, you can contact:

• Your nearest Magistrates Court. Court locations and contact information.
• Legal Aid WA's Infoline on 1300 650 579

Additional resources

• Court orders for compensation and restitution
• Enforcing a Criminal Compensation Order (PDF)

Operating under the Criminal Injuries Compensation Act 2003 (the Act), the Criminal Injuries Compensation (CIC) scheme pays compensation to people who have suffered personal injury (including psychological injury) as the result of an offence committed against them in Western Australia.

Compensation is available for:

• Physical injury (including bodily harm, pregnancy)
• Psychological injury (mental or nervous shock)
• Pain and suffering
• Loss of enjoyment of life
• Loss of earnings
• Medical expenses a victim has or will incur
• Other expenses, such a travel for medical treatment and damage to personal items
• In the case of bereaved individuals, a close relative can apply for funeral expenses and loss of financial support.

If awarded, funds are paid by the State, and in most cases, the Office of Criminal Injuries Compensation will attempt to recover the costs from the offender/s. If you are concerned this may place you at risk, please notify the Office of Criminal Injuries Compensation.

Eligibility

Victims may be eligible to claim compensation under the Act if they are a:

• Victim of an offence committed in WA and are injured and/or experience financial loss as a result of the injury; or
• Close relative of a person killed in WA as a result of an offence and experience injury and/or financial loss.

Information about availability of compensation and eligibility requirements.

Even if no one is caught or convicted of the offence, you may still be eligible for compensation. However, you should have reported the incident to the Police before making an application.

Application

You must complete an application form. The Office of Criminal Injuries Compensation prefer applications to be lodged online via the eCourts Portal, or by email; however, will also accept applications via post, or in person. You may lodge an application yourself or instruct a legal service or solicitor to lodge an application on your behalf. Detailed instructions for lodging an application, including the application forms and instructional videos.

Applications must be lodged within 3 years from the date of the incident; however, a written application can be made to extend this timeframe giving reasons why the application is late. If you believe you have a claim but are outside the time limit, you should seek legal advice.

The Office of CIC are currently experiencing a 12 month wait for applications to be finalised. However, you can make a request for interim payments to be made for expenses incurred while the application is being process. Detailed information about the application process.

Legal advice

While you do not have to obtain a lawyer in order to lodge an application, you may wish to seek legal advice if your application includes any complexities. Complexities may include, if:

• The offence has not been reported to the police
• The offender is acquitted
• The offender is not charged
• The victim is a child or was a child when injured
• The 3-year timeframe has elapsed
• The claim is for a loss of future earnings
• A court hearing is arranged
• To appeal

If you cannot afford a private lawyer, you may be able to seek legal advice from:

• a Community Legal Centre,
• Legal Aid WA, or
• Law Access

Need more information?

For general enquiries or information about the status of your application, you can contact the Office of Criminal Injuries Compensation on:

Phone: 61 8 9425 3250
Email: criminal.injuries@justice.wa.gov.au
Website: cict.justice.wa.gov.au

Additional resources

• Guide to completing the Criminal Injuries Compensation Application Form 1 (PDF)
• Criminal Injuries Compensation eCourts Portal Application Guide (PDF)
• Compensation for victims of crime

Under the Homicide Assistance Payments Scheme, bereaved individuals may be eligible for financial assistance from the following services:

• Ambulance Payment Service
• Biological and Forensic Cleaning Service
• Funeral Assistance Service

Alternatively, you can contact the Victim Liaison Team on 1800 214 655 or email HomicideSupport@justice.wa.gov.au

Insurance Commission of WA

The Insurance Commission of Western Australia (ICWA) are able to provide cover for costs related to injuries incurred as the result of road traffic crashes. This may include:

• Ambulance transport
• Hospital services
• Medical services (including x-rays, medical aids, and medication)
• Therapy and allied health services
• Dental services

The ICWA may also pay compensation for

• Past and future economic loss
• Pain and suffering

For more information, you can contact the ICWA on:

Phone: 61 8 9264 3333 or 1800 643 338 (toll free outside Perth)
Website: Compulsory Third Party

Road Trauma Support WA

Road Trauma Support WA can provide a variety of supports and recovery programs, information, and online services to people impacted by road traffic incidents.

People impacted by these incidents can access free, personalised, confidential counselling from specialist counsellors, which can be delivered in person in Perth or via phone or video call. No referral is required, and no timeframe or session limits apply.

For more information, you can contact Road Trauma Support WA on:

Phone: 1300 004 814
Email: admin@rtswa.org.au
Website (counselling services): Counselling | Injury Matters
Website (general information): Road Trauma Support WA Post-Road Crash Support Program

Depending on the matter, in addition to exploring restorative justice options, the Restorative Justice Unit may be able to facilitate discussions regarding the payment of compensation with the person responsible for causing harm.

You can contact the Restorative Justice Team via email to restorativejustice@justice.wa.gov.au or by phone 61 8 9264 9810.