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] [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]

(1)  Subject to section 6 , 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] Subject to subsection (1B) , 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] Compensation may only be awarded to a person under subsection (1A) 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;