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CRIMINAL INJURIES COMPENSATION ACT 2003 - SCHEDULE 2

[s. 73]

Division 1 Repeal

1 .         Criminal Injuries Compensation Act 1985 repealed

                The Criminal Injuries Compensation Act 1985 is repealed.

Division 2 Transitional provisions

2 .         Terms used

        (1)         In this Division —

        commencement means the commencement of this Act;

        repealed Act means the Criminal Injuries Compensation Act 1985 .

        (2)         This Division does not affect the operation of the Interpretation Act 1984 Part V but if there is a conflict or inconsistency between this Division and that Part, this Division prevails.

3 .         Pending applications

        (1)         If immediately before commencement an application made under the Criminal Injuries (Compensation) Act 1970 4 is pending before a court, then on commencement the application is to be dealt with under that Act despite the repeal of section 50(5) of the repealed Act.

        (2)         If immediately before commencement an application made under the Criminal Injuries Compensation Act 1982 5 is pending before the person who holds the office of Assessor or acting Assessor under that Act, then on commencement the application is to be dealt with by an assessor under this Act and this Act applies to and in relation to the application.

        (3)         If immediately before commencement an application made under the repealed Act is pending before the person who holds the office of Chief Assessor or acting Chief Assessor or an Assessor under that Act, then on commencement the application is to be dealt with by an assessor under this Act and this Act applies to and in relation to the application.

        (4)         If immediately before commencement an appeal, or an application that has been referred to the District Court, under the Criminal Injuries Compensation Act 1982 Part VI 5 is pending in the District Court, then on commencement the appeal or application is to be dealt with by the District Court under that Part and the applicable rules of court despite the repeal of section 50(4) of the repealed Act.

        (5)         If immediately before commencement an appeal, or an application that has been referred to the District Court, under the repealed Act Part VI is pending in the District Court, then on commencement the appeal or application is to be dealt with by the District Court under that Part and the applicable rules of court despite the repeal of that Act.

4 .         Appeals started after commencement

                If after commencement an appeal is commenced in the District Court in relation to a decision made before commencement under the Criminal Injuries Compensation Act 1982 5 or the repealed Act, the District Court must not make any order on the appeal that could not have been made under the law applicable at the time the decision appealed against was made.

5 .         Assessors

        (1)         If immediately before commencement a person holds the office of Chief Assessor referred to in the repealed Act section 5, then on commencement the person is to be taken to have been appointed under Schedule 1 clause 2(1) as the Chief Assessor for the term and on the terms and conditions of the appointment under the repealed Act.

        (2)         If immediately before commencement a person holds the office of an acting Chief Assessor referred to in the repealed Act section 5A, then on commencement the person is to be taken to have been appointed under the Interpretation Act 1984 section 52 to act as the Chief Assessor under this Act for the term and on the terms and conditions of the appointment under the repealed Act.

        (3)         If immediately before commencement a person holds the office of an Assessor referred to in the repealed Act section 5B, then on commencement the person is to be taken to have been appointed under Schedule 1 clause 2(2) as an Assessor for the term and on the terms and conditions of the appointment under the repealed Act.

6 .         Annual reports

        (1)         If this Act commences before 1 January 2004, then despite section 62(1) the Chief Assessor must give the Minister a report about the operation of this Act during the period of 1 January 2003 to 30 June 2004 (both dates inclusive) before 1 October 2004.

        (2)         If this Act commences on or after 1 January 2004, then —

            (a)         despite its repeal, section 48 of the repealed Act applies to the year ending on 31 December 2003; and

            (b)         despite section 62(1) of this Act the Chief Assessor must give the Minister a report about the operation of this Act during the period of 1 January 2004 to 30 June 2004 (both dates inclusive) before 1 October 2004.

[Division 3 omitted under the Reprints Act 1984 s. 7(4)(e).]


Notes

This is a compilation of the Criminal Injuries Compensation Act 2003 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.

Compilation table

Short title

Number and year

Assent

Commencement

Criminal Injuries Compensation Act 2003

77 of 2003

15 Dec 2003

s. 1 and 2: 15 Dec 2003;
Act other than s. 1 and 2: 1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5722)

Criminal Injuries Compensation Amendment Act 2004 6

29 of 2004

14 Oct 2004

14 Oct 2004 (see s. 2)

Acts Amendment (Court of Appeal) Act 2004 s. 37

45 of 2004

9 Nov 2004

1 Feb 2005 (see s. 2 and Gazette 14 Jan 2005 p. 163)

Psychologists Act 2005 Sch. 3 cl. 3

28 of 2005

12 Dec 2005

4 May 2007 (see s. 2 and Gazette 4 May 2007 p. 1963)

Financial Legislation Amendment and Repeal Act 2006 s. 4

77 of 2006

21 Dec 2006

1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)

Reprint 1: The Criminal Injuries Compensation Act 2003 as at 7 Sep 2007 (includes amendments listed above)

Criminal Law and Evidence Amendment Act 2008 s. 59

2 of 2008

12 Mar 2008

27 Apr 2008 (see s. 2 and Gazette 24 Apr 2008 p. 1559)

Acts Amendment (Justice) Act 2008 Pt. 7

5 of 2008

31 Mar 2008

31 Jul 2008 (see s. 2(d) and Gazette 11 Jul 2008 p. 3253)

Legal Profession Act 2008 s. 655

21 of 2008

27 May 2008

1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 511)

Medical Practitioners Act 2008 Sch. 3 cl. 14

22 of 2008

27 May 2008

1 Dec 2008 (see s. 2 and Gazette 25 Nov 2008 p. 4989)

Reprint 2: The Criminal Injuries Compensation Act 2003 as at 2 Jan 2009 (includes amendments listed above except those in the Legal Profession Act 2008 )

Health Practitioner Regulation National Law (WA) Act 2010 Pt. 5 Div. 15

35 of 2010

30 Aug 2010

18 Oct 2010 (see s. 2(b) and Gazette 1 Oct 2010 p. 5075-6)

Public Sector Reform Act 2010 s. 89

39 of 2010

1 Oct 2010

1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563)

Criminal Investigation (Covert Powers) Act 2012 Pt. 8

55 of 2012

3 Dec 2012

1 Mar 2013 (see s. 2(b) and Gazette 25 Jan 2013 p. 271)

Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 3 Div. 6

20 of 2013

4 Nov 2013

25 Nov 2013 (see s. 2(b) and Gazette 22 Nov 2013 p. 5391)

Reprint 3: The Criminal Injuries Compensation Act 2003 as at 29 Nov 2013
(includes amendments listed above)

Civil Liability Legislation Amendment (Child Sexual Abuse Actions) Act 2018 Pt. 3

3 of 2018

19 Apr 2018

1 Jul 2018 (see s. 2(b) and Gazette 29 Jun 2018 p. 2434)

National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Act 2018 Pt. 7

36 of 2018

5 Dec 2018

5 Dec 2018 (see s. 2)

Legal Profession Uniform Law Application Act 2022 s. 424

9 of 2022

14 Apr 2022

1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2)

Uncommenced provisions table

To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.

Short title

Number and year

Assent

Commencement

Criminal Law (Mental Impairment) Act 2023 Pt. 15 Div. 7 and s. 412

10 of 2023

13 Apr 2023

To be proclaimed (see s. 2(b))

Other notes

1         The Criminal Injuries Compensation Act 1985 was repealed by s. 73 of this Act.

2         The Offenders Community Corrections Act 1963 was repealed by the Sentencing (Consequential Provisions) Act 1995 .

3         The Child Welfare Act 1947 was repealed by the Children and Community Services Act 2004 .

4         The Criminal Injuries (Compensation) Act 1970 was repealed by the Criminal Injuries Compensation Act 1982 s. 43(1).

5         The Criminal Injuries Compensation Act 1982 was repealed by the Criminal Injuries Compensation Act 1985 s. 50(1).

6         The Criminal Injuries Compensation Amendment Act 2004 s. 10 reads as follows:


10.         Validation

        (1)         An order to pay moneys under section 39 of the Criminal Injuries Compensation Act 1985 , made on or after 1 January 2004, is deemed to have been made under the Criminal Injuries Compensation Act 2003 , as amended by this Act.

        (2)         An amount received or recovered as described in section 68 of the Criminal Injuries Compensation Act 2003 , on or after 1 January 2004, is deemed to create a debt due under the Criminal Injuries Compensation Act 2003 , as amended by this Act.

        (3)         A notice given under the Criminal Injuries Compensation Act 1985 , on or after 1 January 2004, is deemed to have been given under the Criminal Injuries Compensation Act 2003 , as amended by this Act.



Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term         Provision(s)
alleged offence         3
applicant         3
application         51(1)
assessor         3
award         40(1)
CEO         3
charged offence         14(1)
Chief Assessor         3
close relative         3, 4(1)
commencement         Sch. 2 cl. 2(1)
compensation application         3, 40(1)
compensation award         3, 48A, 68(2)
compensation reimbursement order         3
convicted         3
health professional         3
injury         3
interested person         3
legal experience         Sch. 1 cl. 1(2)
loss         3, 6(2), 6(3)
motor vehicle         37(1)
offence         3
personal item         6(1)
personal representative         3
prescribed information         70(1)
proceedings         64(1)
proved offence         3
record         3
registered organisation         42(1)
repealed Act         Sch. 2 cl. 2(1)
satisfied         3
specified         64(1)
victim         3, 20(1)
witness         63(1)




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