{"id":"criminal-injuries-compensation-regulations-2003","name":"Criminal Injuries Compensation Regulations 2003","slug":"criminal-injuries-compensation-regulations-2003","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174430,"registerId":"wa-criminal-injuries-compensation-regulations-2003-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Criminal Injuries Compensation Regulations 2003","content":"![Crest]()Western Australia\n\nCriminal Injuries Compensation Act 2003\n\nCriminal Injuries Compensation Regulations 2003\n\nWestern Australia\n\nCriminal Injuries Compensation Regulations 2003\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Interpretation 1\n\nPart 2 — Procedural matters\n\n4. Substituted service 2\n\n4A. Compensation application may be made and given electronically 2\n\nPart 3 — Appeals\n\n5. Costs of appeals 3\n\nNotes\n\nCompilation table 4\n\nDefined terms\n\n  \n\nWestern Australia\n\nCriminal Injuries Compensation Act 2003\n\nCriminal Injuries Compensation Regulations 2003\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\nThese regulations may be cited as the *Criminal Injuries Compensation Regulations 2003*.\n\n##### 2. Commencement\n\nThese regulations come into operation on the day on which the *Criminal Injuries Compensation Act 2003* comes into operation.\n\n##### 3. Interpretation\n\nIn these regulations, unless the contrary intention appears —\n\n  Act means the *Criminal Injuries Compensation Act 2003*;\n\n  section means a section of the Act.\n\n## Part 2 — Procedural matters\n\n##### 4. Substituted service\n\n(1) If an assessor is satisfied that it is impracticable or impossible, under the *Interpretation Act 1984* section 76, to give a person notice under section 19, 25 or 63(2) or to serve a person with notice under section 51, the assessor may direct that the notice be published once in a newspaper that circulates throughout the State.\n\n(2) If under subregulation (1) a notice is published, it is to be taken as having been given or served on the day when it is so published.\n\n##### 4A. Compensation application may be made and given electronically\n\nFor the purposes of section 11(1), a compensation application may be made and given to the Chief Assessor by means of the electronic case management system for the management of proceedings in Western Australian courts and tribunals.\n\n[Regulation 4A inserted: SL 2023/19 r. 4.]\n\n## Part 3 — Appeals\n\n##### 5. Costs of appeals\n\n(1) In relation to an appeal under Part 7 of the Act, the scale of costs for the purposes of section 56(2)(d) is as set out in this regulation.\n\n(2) If the successful party is represented by a legal practitioner, the party is entitled to the following costs —\n\n(a) for the preparation of the appeal — a maximum of $180;\n\n(b) if a substantive or interlocutory hearing is held in the District Court — a maximum of $180 for each day of the hearing.\n\n(3) Whether or not the successful party is represented by a legal practitioner, the party is entitled to any expenses that he or she has reasonably and properly incurred for the purposes of the appeal.\n\n[Regulation 5 amended: Gazette 31 Jul 2007 p. 3794.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Criminal Injuries Compensation Regulations 2003* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Criminal Injuries Compensation Regulations 2003* | 30 Dec 2003 p. 5727-8 | 1 Jan 2004 (see r. 2 and *Gazette* 30 Dec 2003 p. 5722) |\n| *Criminal Injuries Compensation Amendment Regulations 2007* | 31 Jul 2007 p. 3793‑4 | r. 1 and 2: 31 Jul 2007 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Aug 2007 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (Electronic Processes) Regulations 2023* Pt. 2 | SL 2023/19 14 Mar 2023 | 15 Mar 2023 (see r. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nAct 3\n\nsection 3\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: procedural mechanics for the criminal injuries compensation scheme. The 2023 amendment adding electronic lodgement is a modernisation of existing processes rather than an expansion of scope."},"complexity_factors":["Extremely short: only 5 regulations plus interpretation section","Minimal defined terms: only 2 ('Act' and 'section')","No nested exceptions or conditional logic beyond simple 'if/then' statements","No cross-references to other legislation except basic machinery provisions (Interpretation Act 1984 and the parent Act)","Straightforward procedural rules without substantive policy complexity"],"plain_english_summary":"This is a short set of rules (called 'regulations') that support Western Australia's main Criminal Injuries Compensation Act. It deals with three practical matters:\n\n**1. Substituted service** — If the Chief Assessor cannot find someone to give them official notice about a compensation claim (for example, the victim or offender has moved without a forwarding address), the Assessor can publish the notice in a statewide newspaper instead. Once published, the law treats it as if the person received it that day.\n\n**2. Electronic applications** — People applying for criminal injuries compensation can now submit their applications electronically through the court's online case management system, rather than only on paper.\n\n**3. Appeal costs** — If someone appeals a compensation decision to the District Court and wins, they can recover limited legal costs: up to $180 for preparing the appeal, plus up to $180 per day if there's a hearing, plus any reasonable out-of-pocket expenses they actually incurred.\n\n**Who it affects:** Victims of crime seeking compensation, legal practitioners handling these claims, and the Assessors who decide the claims.\n\n**Why it matters:** It keeps the compensation scheme practical—ensuring cases can proceed even when people can't be found, modernising the process for the digital age, and capping legal costs so that appeals don't become prohibitively expensive for participants."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for review. No content was returned beyond a system error message and an Acknowledgement of Country."},"complexity_factors":["No legislative content was retrievable — the page returned a 404-style error message rather than actual legislation","Cannot assess true complexity of the underlying regulations without access to the text","Score of 1 reflects absence of content to analyse, not simplicity of the actual law"],"plain_english_summary":"The Criminal Injuries Compensation Regulations 2003 (WA) sets out rules for a government scheme allowing victims of violent crime in Western Australia to seek financial compensation for injury. It affects victims, their families and representatives, and agencies that process claims — important for access to support and for how compensation applications are assessed and paid."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The regulations have been amended to broaden procedural methods and set specific cost limits. Reg 4A (inserted SL 2023/19) expressly allows compensation applications via the courts’ electronic case management system, changing how applications may be given (affects compliance and access). Reg 5 (amended 2007) prescribes capped recoverable costs for appeals (Reg 5(2)) while preserving recovery of reasonable expenses (Reg 5(3)). These amendments adjust delivery and cost-recovery mechanics without altering substantive eligibility or compensation entitlements under the Act (see Regs 4, 4A, 5)."},"complexity_factors":["Narrow subject-matter: only procedural rules and appeal cost scale (Regs 4, 4A, 5).","Assessor discretion to order substituted service when personal service is impracticable (Reg 4(1)) introduces judgment-based variability.","Cross-references to the Criminal Injuries Compensation Act 2003 (e.g. ss 11(1), 19, 25, 51, 56(2)(d), 63(2)) require users to consult the parent Act for full effect.","Reference to Interpretation Act 1984 s76 constrains substituted service, adding an external legal standard.","Electronic filing option added (Reg 4A, SL 2023/19) creates operational dependency on the courts’ e-case management system and associated compliance requirements.","Fixed monetary caps for recoverable appeal costs (Reg 5(2): $180 for preparation; $180 per hearing day) simplify calculation but may undercompensate legal representation costs.","Separate rule that reasonable expenses are recoverable regardless of representation (Reg 5(3)) creates a factual inquiry at appeal.","Limited length and few provisions reduce statutory complexity but raise practical implementation questions (publication costs, e-filing access).","Amendment history (2007, 2023) shows incremental procedural changes rather than substantive expansion."],"plain_english_summary":"These regulations set simple procedural rules for the Criminal Injuries Compensation scheme in Western Australia. They let an assessor order substituted service by publishing a notice in a statewide newspaper if personal service is impracticable, permit compensation applications to be made through the courts’ electronic case management system, and fix caps on recoverable appeal costs (with reasonable expenses recoverable regardless of representation). The rules affect claimants, assessors, appellants and legal practitioners by changing how notices and applications are sent and what appeal costs can be reclaimed."}},"importantCases":[],"_links":{"self":"/api/acts/criminal-injuries-compensation-regulations-2003","history":"/api/acts/criminal-injuries-compensation-regulations-2003/history","analysis":"/api/acts/criminal-injuries-compensation-regulations-2003/analysis","conflicts":"/api/acts/criminal-injuries-compensation-regulations-2003/conflicts","importantCases":"/api/acts/criminal-injuries-compensation-regulations-2003/important-cases","documents":"/api/acts/criminal-injuries-compensation-regulations-2003/documents"}}