Western Australian Current Acts

CRIMINAL INJURIES COMPENSATION ACT 2003 - SECT 37

37 .         No award if injury is from motor vehicle in certain cases

        (1)         In this section —

        motor vehicle has the meaning given by the Motor Vehicle (Third Party Insurance) Act 1943 .

        (2)         This section applies in relation to an offence committed on or after 1 July 1993.

        (3)         An assessor must not make a compensation award in favour of —

            (aa)         an injured victim in respect of the injury or any loss suffered by the victim; or

            (ab)         the personal representative of a deceased victim, in respect of any loss suffered by a close relative of a deceased victim,

                as a consequence of the commission of an offence if satisfied that the injury or death was caused directly by, or by the driving or other use of, a motor vehicle unless —

            (a)         the motor vehicle was used for the purpose of committing the offence; and

            (b)         the offence is a crime.

        [Section 37 amended: No. 29 of 2004 s. 6.]