4Basis of awards of compensation

### 4 Basis of awards of compensation > [*\[Section 4 Subsection (7) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja4@GC1@EN) *\[Section 4 Subsection (7) substituted by No. 24 of 1991, s. 4 \]**\[Section 4 Subsection (8) inserted by No. 24 of 1991, s. 4 \]**\[Section 4 Subsection (9) inserted by No. 24 of 1991, s. 4 \]*[*\[Section 4 Substituted by No. 23 of 2005, s. 6, Applied:24 Jun 2005\]*](/view/html/inforce/2005-06-24/act-2005-023#GS6@EN) > > > (1)  Subject to [section 6](#GS6@EN) , compensation may be awarded under this Act where a person is killed or suffers injury – > > > > > > (a) as a result of the act of another person that constitutes an offence or would have constituted an offence, but for the fact that that other person had not attained a specified age, or was insane, or had other grounds of excuse or justification at law for his or her act; or > > > > > > > (b) in assisting a police officer in the exercise of the power to arrest a person or to take action to prevent the commission of a crime by a person. > > > (1A)  [*\[Section 4 Subsection (1A) inserted by No. 27 of 2015, s. 4, Applied:01 Nov 2015\]*](/view/html/inforce/2015-11-01/act-2015-027#GS4@Hpa@EN) Subject to [subsection (1B)](#GS4@Gs1B@EN) , in respect of the death of a primary victim as a result of criminal conduct, compensation may be awarded under this Act to a person for funeral expenses actually and reasonably incurred, or reasonably likely to be incurred, by the person in relation to the death of the primary victim. > > > (1B)  [*\[Section 4 Subsection (1B) inserted by No. 27 of 2015, s. 4, Applied:01 Nov 2015\]*](/view/html/inforce/2015-11-01/act-2015-027#GS4@Hpa@EN) Compensation may only be awarded to a person under [subsection (1A)](#GS4@Gs1A@EN) where the criminal conduct, which resulted in the death of the primary victim, occurred on or after the day on which that subsection commenced. > > > (2)  In respect of the injury of a primary victim, compensation awarded under this Act may be awarded to the primary victim in respect of any one or more of the following matters: > > > > > > (a) expenses actually and reasonably incurred by the primary victim as a result of the injury; > > > > > > > (b) the cost of medical, dental, psychological or counselling services which the Commissioner is satisfied the primary victim will require in the future; > > > > > > > (c) loss of wages or salary by the primary victim as a result of his or her total or partial incapacity for work arising from the injury; > > > > > > > (d) the pain and suffering of the primary victim arising from the injury; > > > > > > > (e) expenses reasonably incurred by the primary victim in claiming compensation. > > > (3)  In respect of the death or injury of a person, compensation awarded under this Act may be awarded to a secondary victim in respect of any one or more of the following matters: > > > > > > (a) expenses actually and reasonably incurred by the secondary victim as a result of his or her own injury; > > > > > > > (b) [*\[Section 4 Subsection (3) amended by No. 27 of 2015, s. 4, Applied:01 Nov 2015\]*](/view/html/inforce/2015-11-01/act-2015-027#GS4@Hpb@EN) if the secondary victim is a parent, step-parent or guardian of the primary victim, expenses (other than funeral expenses) actually and reasonably incurred by the secondary victim as a result of the death or injury of the primary victim; > > > > > > > (c) the cost of medical, psychological or counselling services which the Commissioner is satisfied the secondary victim will require in the future; > > > > > > > (d) loss of wages or salary by the secondary victim as a result of – > > > > > > > > > > (i) his or her total or partial incapacity for work arising from his or her own injury; or > > > > > > > > > > > (ii) his or her total or partial inability to work while providing care to the primary victim; > > > > > > > (e) the pain and suffering of the secondary victim arising from his or her own injury; > > > > > > > (f) expenses reasonably incurred by the secondary victim in claiming compensation. > > > (4)  In respect of the death or injury of a person, compensation awarded under this Act may be awarded to a related victim in respect of any one or more of the following matters: > > > > > > (a) expenses actually and reasonably incurred by the related victim as a result of his or her own injury; > > > > > > > (b) [*\[Section 4 Subsection (4) amended by No. 27 of 2015, s. 4, Applied:01 Nov 2015\]*](/view/html/inforce/2015-11-01/act-2015-027#GS4@Hpc@EN) expenses (other than funeral expenses) actually and reasonably incurred by the related victim as a result of the death or injury of the primary victim; > > > > > > > (c) the cost of medical, psychological or counselling services which the Commissioner is satisfied the related victim will require in the future; > > > > > > > (d) loss of wages or salary by the related victim as a result of – > > > > > > > > > > (i) his or her total or partial incapacity for work arising from his or her own injury; or > > > > > > > > > > > (ii) his or her total or partial inability to work while providing care to the primary victim; > > > > > > > (e) the pain and suffering of the related victim arising from his or her own injury; > > > > > > > (f) if the primary victim dies, financial loss if the related victim was dependent on the primary victim; > > > > > > > (g) expenses reasonably incurred by the related victim in claiming compensation.