Western Australian Current Acts Western Australian Current Acts (1) The making of a
reparation order does not preclude civil proceedings being taken against an
offender for any injury, loss or damage suffered or an application for
compensation being made under the Criminal Injuries Compensation Act 2003 .
(2) A court, body or
person, other than a person referred to in subsection (2a), assessing damages
or compensation (the award ) for the injury, loss or damage resulting from an
offence is to make the assessment without regard to the compensation set under
a compensation order, but the person entitled to the award may only recover an
amount equal to the amount (if any) by which the award exceeds the
compensation ordered to be paid under the order.
(2a) A person
assessing compensation under the Criminal Injuries Compensation Act 2003 for
the injury resulting from an offence is to make the assessment without regard
to the compensation set under a compensation order made in respect of the
offence.
(3) The extent to
which a restitution order has been complied with by an offender is to be taken
into account by a court, body or person in awarding damages or compensation
for the injury, loss or damage resulting from the offence.
[Section 115 amended: No. 57 of 1999 s. 29; No. 77
of 2003 s. 73.]