Crime Victims Compensation
What You Need to Know Today About Worsening Public Safety – Government Compensation for Crime Victims
In recent years, for various reasons, public safety in Western Australia has deteriorated. Burglaries and smash-and-grabs have become commonplace, and violent crimes continue to shock our community.
Property offences like home break-ins or car vandalism are, to some extent, less severe than assaults, since most homes and vehicles are insured—unfortunate as they are, they can typically be resolved through an insurance claim.
However, for those living or working in complex environments, the threat often comes from violent offenders who jeopardise personal safety directly. Recent news reports of arson, robbery, and assault in troubled neighbourhoods have been truly alarming.
Even when police apprehend offenders, their punishment must conform to the law. In Western countries that reject overly harsh penalties, the sentences victims hope for may not align with actual outcomes. Victims can feel doubly harmed by frustration and anger at perceived leniency.
Recognising this issue, the State Government has enacted legislation providing compensation to victims of crime, to at least partially reimburse financial losses and offer some measure of comfort.
After a crime, any victim who suffers personal injury and reports the incident can apply for compensation. “Personal injury” even includes pregnancy resulting from a criminal act. If a victim is tragically killed, their family may still submit a claim.
During the investigation, government assessors determine the compensation amount. This can cover pain and suffering, lost earnings, medical expenses, and damage to personal items during the offence.
Claims must be lodged within three years of the offence, though extensions are possible in special circumstances.
The compensation cap is $75,000 for injuries from offences occurring on or after 1 January 2004. For offences before that date, the cap decreases according to the date of the offence.
If dissatisfied with the assessed amount, applicants with valid grounds may appeal to the District Court of Western Australia.
Not all applicants will receive compensation. Applications become complex if:
- The suspect cannot be identified;
- The suspect is identified but the police decide not to prosecute;
- The suspect is mentally unfit to stand trial; or
- The suspect is found not guilty.
If you become a crime victim, remember to use legal means to claim the compensation you deserve. A professional lawyer can simplify the often stressful process and help maximise your recovery.
See you next issue.
Editor’s Note:
Mr Ren is originally from Guangzhou, China and has practised for many years. He is now the Principal Lawyer at LJR Legal.
Embracing modern technology, speaking the languages of our Chinese community, and serving as your dedicated legal advisor has been Mr Ren’s mission throughout his career.
As a full-service practitioner, in addition to his deep expertise in Family Law, Mr Ren also specialises in:
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Disclaimer: This column provides general legal discussion only. The text, images, and any content herein do not constitute legal advice, nor does Mr Ren intend by this column to advise its readers. If you require advice tailored to your circumstances, please arrange a confidential one-on-one consultation with Mr Ren. Neither this column, the magazine, nor Mr Ren accepts liability for any loss arising from anyone’s use of its content.