Western Australian Current Acts

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CRIMINAL INJURIES COMPENSATION ACT 2003 - SECT 3

3 .         Terms used

                In this Act, unless the contrary intention appears —

        alleged offence means a crime, misdemeanour or simple offence of which no person has been convicted;

        applicant means a person who makes a compensation application;

        assessor means the Chief Assessor, or an assessor, appointed under Schedule 1 clause 2;

        CEO means the chief executive officer of the department of the Public Service that principally assists the Minister in the administration of this Act;

        Chief Assessor means the Chief Assessor of Criminal Injuries Compensation appointed under Schedule 1 clause 2(1);

        close relative has the meaning given by section 4;

        compensation application means an application for criminal injuries compensation made under Part 2;

        compensation award means an award of compensation made under Part 4;

        compensation reimbursement order means an order made under section 52 of this Act, or section 39(1) of the Criminal Injuries Compensation Act 1985 1 ;

        convicted has a meaning affected by section 5;

        health professional means —

            (a)         a person registered under the Health Practitioner Regulation National Law (Western Australia) in the dental profession whose name is entered on the Dentists Division of the Register of Dental Practitioners kept under that Law or under a law of another place that is substantially similar to that Law; or

            (b)         a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession or under a law of another place that is substantially similar to that Law; or

            (c)         a person registered under the Health Practitioner Regulation National Law (Western Australia) in the psychology profession or under a law of another place that is substantially similar to that Law;

        injury means bodily harm, mental and nervous shock, or pregnancy;

        interested person , in relation to a compensation application or to a compensation award made on such an application, means —

            (a)         the applicant; or

            (b)         a person who an assessor thinks may become liable under Part 6 to pay an amount to the State; or

            (c)         the CEO;

        loss has the meaning given by section 6;

        offence means an alleged offence or a proved offence;

        personal representative , of a deceased person, means —

            (a)         the executor or the administrator of the deceased’s estate;

            (b)         in the absence of such an executor or administrator, a person who satisfies an assessor that the person is entitled to apply to be the executor or administrator of the deceased’s estate;

        proved offence means a crime, misdemeanour or simple offence of which a person has been convicted;

        record means any record of information, whether made on paper, electronically or otherwise and whether in writing or otherwise;

        satisfied means satisfied on the balance of probabilities;

        victim means a person who suffers injury, or who dies, as a consequence of the commission of an offence.

        [Section 3 amended: No. 29 of 2004 s. 4; No. 28 of 2005 Sch. 3 cl. 3; No. 5 of 2008 s. 30; No. 21 of 2008 s. 655(2); No. 22 of 2008 Sch. 3 cl. 14; No. 35 of 2010 s. 54; No. 9 of 2022 s. 424.]



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