Criminal Injuries Compensation WA: How to Apply CIC

Podcast Transcript: Criminal Injuries Compensation WA: How to Apply CIC

Disclaimer: The information provided in this podcast is for general informational purposes only and does not constitute legal advice. Listening to this podcast does not create an attorney-client relationship with Foyle Legal. For advice tailored to your situation, please consult a qualified legal professional.

Welcome to Personal Injury Claims Explained by Foyle Legal, your trusted source for understanding personal injury claims in Western Australia. Each week, we simplify complex legal issues, from motor vehicle accidents to workplace injuries, so you can confidently navigate your rights and claim the compensation you deserve.

Introduction

Hey everyone, and welcome back for another deep dive. Today, we’re tackling an important topic: criminal injuries compensation in WA. Foyle Legal has put together a fantastic guide on this, breaking down everything you need to know about applying for CIC and understanding your entitlements.

Who Can Apply for CIC?

First things first, who is eligible to apply for CIC? You might think it’s only the person directly hurt, but it’s broader than that in WA. The primary victim—the person directly harmed—is eligible. However, close relatives, including parents, grandparents, step-parents, spouses, children, and even grandchildren, can also apply as indirect victims if they are affected by the crime.

What Counts as an “Injury”?

In CIC claims, “injury” isn’t limited to physical harm. Psychological impacts like mental and nervous shock are also covered. Surprisingly, pregnancy as a result of a crime is considered an injury under this scheme, highlighting the extensive and sometimes lifelong repercussions of criminal acts.

What Compensation is Available?

Compensation is comprehensive, covering:

• Medical costs
• Lost income (both past and future losses)
• Psychological treatment expenses
• Travel expenses for treatment
• Property damage related to the crime
• Loss of enjoyment of life (e.g., inability to enjoy previous hobbies)

This scheme aims to be holistic, recognising that crime impacts every aspect of a person’s life.

Time Limits for Filing a Claim

In WA, you generally have three years from the date of the crime to lodge a CIC claim. While this may seem like a lengthy period, it’s essential to act quickly. Extensions may be granted in specific cases, such as if the crime occurred during childhood or if the applicant has faced mental health challenges.

Exclusions to CIC Eligibility

Unfortunately, not everyone is eligible for CIC, even if they meet the basic requirements. Exclusions apply in certain situations:

• If compensation could benefit the offender (e.g., if the victim is still in a relationship with the offender).
• If the victim was engaged in illegal activities at the time of injury.

If you’re unsure whether these exclusions apply, consult a lawyer to understand your options.

Police Cooperation Requirement

To be eligible for CIC, victims are generally expected to cooperate with the police investigation. This doesn’t mean an arrest or conviction is required; the assessor mainly looks at whether the victim made an honest attempt to assist the police.

How Much Compensation Can You Receive?

The maximum payout for CIC depends on the injury’s severity and the date of the crime, as maximum amounts have changed over time to adjust for inflation and cost-of-living considerations. Multiple related offenses might be grouped as a single event for compensation purposes.

Steps to Apply for CIC

To apply, you’ll need:

1. Application form: The primary document to start your claim.
2. Victim impact statement: A personal account detailing the crime’s impact on your life.
3. Supporting evidence: This includes police reports, medical records, witness statements, and any relevant photos of injuries or property damage.

The entire process can be completed online through the eCourt portal, making it more convenient to manage.

Gathering Supporting Evidence

Supporting documents are crucial. Police reports and medical records are essential, but they can sometimes be challenging to obtain. Using Freedom of Information (FOI) requests can be an effective way to access necessary government-held documents, like medical files or police reports.

Writing Your Victim Impact Statement

The victim impact statement allows you to convey the emotional, physical, and financial effects of the crime on your life. Be honest and open, as this is your opportunity to show the assessor the full impact of the crime. Your lawyer can assist in structuring this statement to ensure it clearly reflects your experience.

Assessment and Waiting Period

Once you’ve submitted your application, the waiting period can range from several months to a couple of years. During this time, the assessor reviews all evidence, may request additional documents, and might even schedule a hearing if more information is needed.

Appeals Process

If you’re unhappy with the assessor’s decision, you have 21 days from the decision date to appeal through the District Court. This short window makes having a lawyer essential—they can help determine whether appealing is the right choice and guide you through the process.

Final Notes on CIC and Additional Considerations

Before applying for CIC, be aware of potential effects on Centrelink benefits, as receiving CIC compensation could impact them. Additionally, if you owe debts to the state, such as unpaid fines, part of your compensation may be used to settle these obligations.

Closing Thoughts

We hope this deep dive has clarified your understanding of criminal injuries compensation in WA. Remember, while this information is a helpful starting point, every situation is unique. Speaking to a qualified legal professional is the best way to ensure you’re making the right decisions for your case.

Thank you for listening to Personal Injury Claims Explained by Foyle Legal. We hope this episode has helped clarify your rights and next steps in your injury claim. Don’t forget to subscribe, leave a review, and visit foylelegal.com for more useful information. Until next time, stay informed and take care!