Victims of crime in WA: your rights, support and compensation

Something happened to you, or to someone you love. Maybe it was recent. Maybe it was years ago. Either way, you are now dealing with a system you never asked to be part of, at a time when you have the least energy for it.

This page explains how that system works in Western Australia. What happens after you report. Who can help, and what each service actually does. What you are entitled to. How compensation works. And where the victim impact statement fits.

What happens after you report a crime

You can report a crime by calling 131 444 for non-urgent matters, by visiting any police station, or through Crime Stoppers on 1800 333 000 if you want to stay anonymous. In an emergency, call 000.

After you report, Police investigate. If they charge someone, the matter goes to court. Less serious charges are heard in the Magistrates Court. Serious charges move to the District Court or Supreme Court, where the Office of the Director of Public Prosecutions runs the case.

Here is something that surprises many people. The case is not 'yours''. The state prosecutes the offender. You are a witness, not a party. You do not need your own lawyer, and you cannot drop the charges yourself. That can feel strange after everything you have carried. It also means the system carries the case, not you.

You are entitled to be kept informed. You can ask the investigating officer or the prosecutor for updates on charges, bail, hearing dates and outcomes. If the accused applies for bail, you can ask to be told, and you can raise any safety concerns.

Court matters take time. Months is normal. A serious matter with a trial can take a year or more. Support is available throughout this whole time.

The support services, and what each one actually does

Victim Support Service. A free, confidential service run by the Department of Justice for any victim of crime in WA. Staff can explain where your case is up to, prepare you for court, sit with you at hearings, help with your victim impact statement, and connect you with counselling and compensation. Call 1800 214 655.

Child Witness Service. A free service that prepares children and young people under 18 to give evidence, supports them in court, and helps them with victim impact statements. Ask police, the prosecutor or the Victim Support Service for a referral.

Office of the Commissioner for Victims of Crime. The Commissioner oversees how victims are treated in WA. The office handles complaints, runs the Victim Notification Register, and provides dedicated support for families bereaved by homicide. Call 1800 214 655.

Sexual Assault Resource Centre (SARC). Emergency medical care and counselling after sexual assault, plus ongoing counselling for recent and past assaults. You can use SARC whether or not you report to police.

Community services. Community legal centres and the Citizens Advice Bureau can help with compensation applications and legal questions free of charge. Angelhands supports people affected by homicide and serious violent crime.

Your rights as a victim of crime in WA

WA does not have a victims' charter like some other states. Instead, the Victims of Crime Act 1994 sets out 12 guidelines for how you should be treated by government departments and by services the government funds to work with victims.

In plain terms, the guidelines say you should be:

• treated with courtesy, compassion and respect for your dignity
• told about the help available to you, including counselling, support services and compensation
• kept informed about the investigation and the prosecution, if you ask
• told about your role as a witness and what to expect
• protected where needed, with your privacy respected
• put to as little inconvenience as possible, including having your property returned promptly

The guidelines are not enforceable the way a contract is. But agencies are expected to follow them, and there is a real complaints path. If a WA government department or a government-funded service falls short, you can complain to the Office of the Commissioner for Victims of Crime, and with your permission the office can take it up with the agency on your behalf.

Criminal injuries compensation

If you were injured by a crime in WA, you may be able to claim compensation from the state under the Criminal Injuries Compensation Act 2003. This is separate from the criminal case, and it is decided by an independent assessor, not a judge in open court.

The basics:

• The maximum award is $75,000 for a single offence committed since 2004. Where the same offender committed more than one unrelated offence against you, more may be available.
• You can claim for physical injury, psychological injury, pain and suffering, lost earnings, and reasonable expenses like medical, dental and counselling costs.
• Close relatives of a person killed by an offence can also claim.
• You do not need a conviction. You can still claim if no one was ever caught, as long as you reported the offence to police and helped with their enquiries.
• Applications are free to lodge. You can apply online through the eCourts Portal, by email, by post or in person.
• The time limit is three years from the date of the offence, or the last offence if there was more than one. Late applications are possible, but you need to explain the delay in writing and the assessor decides whether to accept it.

Two honest warnings. Assessments take a long time, often more than a year. And the offender is sometimes notified of the application, though you can ask the assessor not to show them your material. If either of those worries you, get advice first. The Victim Support Service, a community legal centre or the Citizens Advice Bureau can talk it through with you for free.

If you are unsure whether it is worth applying, it usually costs you nothing but time to find out. For many people the harder question is gathering the evidence, and that is exactly what the free help is there for.

The victim impact statement

If the offender is found guilty or pleads guilty, you can give the court a victim impact statement before sentencing. It tells the court how the offence has affected you physically, emotionally, socially and financially. It is your voice in a process that mostly talks around you.

You do not have to write one. It is entirely your choice, and choosing not to will never be held against you.

If you do want to write one, that is what Justice Draft is for. Our free tool guides you through your statement one question at a time, at your own pace. You can also read our full guide to writing a victim impact statement in WA and Justice Draft's example statements to see what one looks like.

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If the offender goes to prison

You can join the Victim Notification Register, run through the Office of the Commissioner for Victims of Crime. Registered victims can be told about the offender's sentence, movements between prisons, upcoming release, and parole consideration. When parole is being considered, you can make a written submission to the Prisoners Review Board about your safety concerns.

You do not have to register straight away. You can join at any point while the offender is in custody.

Where to start

If the crime is recent and you have not reported it, start with police on 131 444, or 000 in an emergency.

If a matter is already with police or heading to court, call the Victim Support Service on 1800 214 655. One call connects you to most of what is on this page.

If the crime injured you or cost you money, check your compensation window. The three-year time limit passes faster than you expect, and applying costs nothing.

And if there is a sentencing ahead of you and you want the court to hear what this has been like, start your victim impact statement whenever you are ready. There is no deadline for starting a draft. Only for filing it.

Support numbers

• Emergency: 000
• Police (non-urgent): 131 444
• Crime Stoppers: 1800 333 000
• Victim Support Service and Commissioner for Victims of Crime: 1800 214 655
• Sexual Assault Resource Centre (SARC) 24-hour emergency line: 1800 199 888
• Crisis Care WA: 1800 199 008
• 1800RESPECT: 1800 737 732
• Lifeline: 13 11 14
• 13YARN (Aboriginal and Torres Strait Islander crisis support): 13 92 76