Western Australian Current Regulations

SENTENCING REGULATIONS 1996 - REG 8

8 .         Application for a reparation order (s. 111)

        (1)         An application to a court for a reparation order under Part 16 of the Act must be made — 

            (a)         orally during the relevant sentencing proceedings; or

            (b)         in writing (in an approved form) during the relevant sentencing proceedings or within 12 months after the date when the offender was sentenced.

        (2)         On receiving a written application made after the date of sentencing a court officer is to issue a summons (in an approved form) to all parties concerned to a hearing on a date and at a place fixed by the officer.

        (3)         The summons must be served — 

            (a)         if the court intends to exercise the powers in Part 16 of the Act on its own initiative — by a court officer on the victim, the offender, a prosecutor and, if necessary, on any third party (as defined in section 120(1) of the Act);

            (b)         if the application is made by the victim — by a court officer on the offender, a prosecutor and, if necessary, on any third party (as defined in section 120(1) of the Act);

            (c)         if the application is made by the prosecutor — by a prosecutor on the victim, the offender and, if necessary, on any third party (as defined in section 120(1) of the Act).

        (4)         If satisfied that all parties concerned have been served with a notice issued under this regulation, the court may proceed to deal with the application.