Western Australian Current Acts

EMERGENCY MANAGEMENT ACT 2005 - SECT 79

79 .         Applying for compensation

        (1)         A person who suffers loss or damage because of the exercise, or purported exercise, of a power under section 46, 47, 48, 69 or 75(1)(f) may apply to the Minister for compensation for the loss or damage.

        (2)         The application is to be made in writing within 90 days after the person suffers the loss or damage.

        (3)         The application is to —

            (a)         state details of the person’s loss or damage; and

            (b)         state the amount of compensation claimed and the grounds for the amount claimed; and

            (c)         be accompanied by such further information as is prescribed by the regulations.

        (4)         The applicant is to provide any other relevant information required by notice given under section 80 to decide the application.

        (5)         Despite subsection (2), the Minister may accept a person’s application for compensation made more than 90 days after the person suffers the loss or damage if the Minister is satisfied that it would be reasonable in all the circumstances to accept the application.

        [Section 79: modified by section 77X(1).]