Claims for loss and injury

Contributed by Camille Inifer and Shayla Strapps and current to 1 September 2005

CRIMINAL INJURIES COMPENSATION

A person who has suffered physical injury or mental or nervous shock as a result of an offence arising from domestic violence may be entitled to compensation under the Criminal Injuries Compensation legislation: see pages _-_ for an outline as to the various laws under which potential claims for criminal injury may be brought. It may not be necessary for the offender to have been charged or convicted, but a complaint to the police should have been made.

Applications providing details of the offence and when and where it occurred can be made to the Chief Assessor of Criminal Injuries Compensation.

Application forms can be downloaded from the Department of Justice website at www.justice.wa.gov.au go to ‘Support for Victims’ and click on ‘Compensation’.

There is a 3 year limit from the date of the offence for the application to be made, but the limit may be extended in certain circumstances. The 3 year limit for children runs from the date the child turned 18 years. If considering an application outside these limits, legal advice should be sought.

See further the section on Criminal Injuries Compensation in INJURIES .

COMMON LAW CLAIMS

A claim for injury or loss as a result of family and domestic violence may be made under common law. The time limit for such applications is 4 years from the time the injury or loss became apparent. Common law claims can be very expensive and any damages awarded will only be available if the restrained person has money or assets. People considering such an application should get legal advice before taking any action.