❓ Question regarding the WA government's policy on recovering criminal injuries compensation from offenders who were inpatients in mental health facilities, and whether changes are planned. The Attorney General confirms the existing policy and states no changes are intended.
AnsweredQoN 5812Legislative Council
QuestionView source ↗
I refer to compensation for victims of crime under the
Criminal Injuries Compensation Act 2003
, and to action which may be taken to recover money from the offender, and I ask —
(1) What is the current Government policy regarding recovering money from the offender where the injury was caused by an inpatient in a mental health facility?
(2) Does the Attorney General intend to make any changes to this policy?
(3) If yes to (2), what changes does the Attorney General anticipate making?
Criminal Injuries Compensation Act 2003
, and to action which may be taken to recover money from the offender, and I ask —
(1) What is the current Government policy regarding recovering money from the offender where the injury was caused by an inpatient in a mental health facility?
(2) Does the Attorney General intend to make any changes to this policy?
(3) If yes to (2), what changes does the Attorney General anticipate making?
AnswerView source ↗
Answered
11 September 2012
Response time
28 days
(1) The responsibility for the recovery of compensation awarded to victims of crime from offenders under the
Criminal Injuries Compensation Act 2003
(the Act) is delegated to the Recoveries Team of the Office of Criminal Injuries Compensation.
In many cases where an inpatient in a mental health facility commits an offence, it is likely no conviction will be recorded either because the alleged offender is unfit to plead or is found not guilty due to unsoundness of mind. Although the applicant may still be eligible for compensation, recovery is not sought from the offender.
If the offender has been convicted (and therefore having been found to be of sound mind at the time of the offence), recovery may be sought. It is open to the Assessor to order at the time of making the compensation award, or at the time of a Compensation Reimbursement Order application, that the offender not be liable to repay the compensation to the State.
The Assessor may take account of the offender's mental health at the time of the offence, at the time of making the compensation award and at the time of any recovery action. If the offender's mental health at the time of recovery action warrants such action, it is also open to the Supervisor of Recoveries to refer the matter for further consideration by the Assessor, or to submit the matter to the Director General for write-off pursuant to the Department of the Attorney General's policies under the
Financial Management Act 2006
.
(2)
No.
(3)
Not applicable.
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Criminal Injuries Compensation Act 2003
(the Act) is delegated to the Recoveries Team of the Office of Criminal Injuries Compensation.
In many cases where an inpatient in a mental health facility commits an offence, it is likely no conviction will be recorded either because the alleged offender is unfit to plead or is found not guilty due to unsoundness of mind. Although the applicant may still be eligible for compensation, recovery is not sought from the offender.
If the offender has been convicted (and therefore having been found to be of sound mind at the time of the offence), recovery may be sought. It is open to the Assessor to order at the time of making the compensation award, or at the time of a Compensation Reimbursement Order application, that the offender not be liable to repay the compensation to the State.
The Assessor may take account of the offender's mental health at the time of the offence, at the time of making the compensation award and at the time of any recovery action. If the offender's mental health at the time of recovery action warrants such action, it is also open to the Supervisor of Recoveries to refer the matter for further consideration by the Assessor, or to submit the matter to the Director General for write-off pursuant to the Department of the Attorney General's policies under the
Financial Management Act 2006
.
(2)
No.
(3)
Not applicable.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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