Criminal injuries compensation WA: a plain-language guide

If a crime injured you in Western Australia, the state has a compensation scheme for you. It covers physical injury and psychological injury. It is free to apply. And for most claims, you do not need a lawyer.

Those three facts are strangely hard to find. The official information is scattered across forms and fact sheets, and many of the pages that rank in search belong to law firms with an interest in you not applying alone. This guide puts the whole scheme in one place, in plain language.

What the scheme is

Criminal injuries compensation in WA runs under the Criminal Injuries Compensation Act 2003. It is completely separate from the criminal case. A judge does not decide it, and it is not part of the sentence. Instead, an independent assessor considers your application, usually on the documents alone, and makes an award paid by the state.

That last part matters. The money comes from the state, not directly from the offender's pocket, although the state may later pursue the offender to recover it. More on that below, because it worries people and there are protections.

Who can claim

You can claim if you were injured by an offence in WA. Injury includes bodily harm and what the Act calls mental and nervous shock, so purely psychological injury counts. Close relatives of a person killed by an offence can also claim.

You do not need anyone to have been convicted. You do not even need anyone to have been caught. Victims of unsolved crimes can claim, provided the offence was reported to police and you gave them reasonable help with their investigation. If you never reported it, or reported it very late, talk to a free advice service before you lodge, because that history affects claims.

Children can claim too. A parent or guardian lodges the application on their behalf.

What you can claim for

An award can cover more than most people expect:

• pain and suffering
• loss of enjoyment of life
• income you lost because of your injuries
• medical, dental and counselling costs
• other reasonable expenses, including reports you need for the claim
• funeral expenses and losses, for close relatives of a person who was killed

Notice that half of that list is about how the crime changed your life, not what it cost in receipts. That is why the statement you write in your application matters so much. We cover it in how to write your statement for a WA compensation claim.

How much

For offences committed since January 2004, the maximum award is $75,000 for a single offence. Where one offender committed several related offences against you around the same time, they are treated as one offence under that cap. Where the offences were separate, more may be available across them.

For offences before 2004, lower maximums apply, set by the law in force when the offence happened. Historical claims are still possible, and people injured decades ago still apply and receive awards. The cap is smaller, but it is not nothing, and for many people the recognition matters as much as the amount.

In limited cases the assessor can also make an interim payment before the final decision, for example where treatment costs are piling up. If you are in that position, ask about it when you lodge.

Time limits

You have three years from the date of the offence to apply, or three years from the last offence if there was a series. Late applications are possible, but you must explain the delay in writing and the assessor decides whether to accept it. The longer the delay, the better your explanation needs to be, so if you are already outside three years, get free advice rather than giving up.

One signpost for survivors of institutional child sexual abuse. The National Redress Scheme is a separate path for abuse connected to institutions, and it closes to new applications on 30 June 2027. The two schemes interact, and a payment from one can affect the other, so get advice before choosing which door to walk through.

How to apply, step by step

1. Report to police, if you have not already. The claim needs the offence on record, and your report number goes in the application.

2. Gather your evidence. Medical and counselling reports, receipts, and proof of lost income such as payslips. You do not need everything perfect before you start. Applications can be added to, and the assessor can ask for more.

3. Write your statement. The application asks you to describe the offence, your injuries and how they have affected your life. This is the heart of your claim, because the assessor usually decides on paper and your statement is how they see your life. Our statement guide walks you through it using ten sections that cover every kind of impact, and our free guided tool helps you write it one question at a time.

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4. Lodge, for free. You can apply online through the eCourts Portal, or by email, post or in person. There is no fee. The Office of Criminal Injuries Compensation on (08) 9425 3250 can answer questions about lodging.

5. Wait, and stay reachable. Decisions often take more than a year. The assessor gathers police files and medical evidence and may come back to you with questions. Slow does not mean doubted. It mostly means queues.

Things to know before you lodge

The offender is sometimes told about the claim. Because the state can pursue the offender to recover what it pays you, they may be notified. If that frightens you, two things help. You can ask the assessor not to show the offender your material, and you can tell the assessor about any risk to your safety so it is taken into account. If this is the thing holding you back, please get advice before you decide not to apply at all.

Awards can be reduced. A late report, not helping police, or your own behaviour contributing to the incident can reduce an award or sink a claim. If any of that is in your history, it does not automatically rule you out. It means your application should deal with it honestly rather than hope it goes unnoticed.

Applying costs you nothing but effort. No lodgement fee, no requirement to hire anyone, and no consequence for an unsuccessful claim beyond the time it took. For most people the real cost is emotional, and that is exactly what support services are for.

Do you need a lawyer?

For a straightforward claim, no. The scheme was designed for people to use themselves, and free help exists at every step. The Victim Support Service on 1800 214 655 can guide you through the process, and community legal centres and the Citizens Advice Bureau help people complete these applications every week, at no charge.

A lawyer can be worth it for complex claims, such as disputes about whether an offence occurred, serious permanent injury, or overlaps with other schemes and payouts. And if you disagree with a decision once it is made, get legal advice quickly, because strict time limits apply to challenging it.

Where the victim impact statement fits

People often mix up two documents, and fairly enough, because both are about impact. A victim impact statement is for sentencing. It is given to the court after an offender is found guilty, and it speaks to the judge. The statement in your compensation application speaks to the assessor, exists whether or not anyone was ever charged, and directly shapes what you receive. If you wrote a victim impact statement, it is a strong starting point for your claim statement, but the two do different jobs, and the differences are worth ten minutes of your time in our statement guide.

For the bigger picture around the scheme, including your rights and the support services available, see our guide for victims of crime in WA.

Support services

If reading this has brought up difficult feelings, please reach out for support: Lifeline: 13 11 14 (24 hours). 1800RESPECT: 1800 737 732 (family and domestic violence, 24 hours). Victim Support Service WA: 1800 214 655 (business hours).

Disclaimer

This article has been prepared by the Justice Draft team for general information purposes. It does not constitute legal advice, and compensation outcomes depend on the facts of each claim. For advice specific to your matter, please speak with a lawyer or community legal centre.