Application Process
This information contains a summary of the law and is correct at the date of publication. It is not legal advice. You should always seek legal advice about your individual situation.
How do I apply for Criminal Injuries Compensation?
- via the eCourts Portal
You can lodge your application online via the eCourts Portal. You will need to set up an eCourts Portal account. The Office of Criminal Injuries Compensation (OCIC) prefers online applications.
The OCIC website provides the following use guides on how to use the eCourts Portal:
- General eCourts Portal Information
- CIC eCourts Portal Application User Guide
- eLodgement Help Guide - Self-Represented Litigants
The benefit of applying online is that you will receive your matter number immediately. This confirms that your application has been lodged. You will also receive all documents to your account and be able to lodge any further documents required.
The CIC website provides eLodgement Videos to help you navigate your way through the eCourts Portal.
- Application form
You have the option of completing an application form which you can complete electronically and email to the OCIC or print, complete by hand and post to the OCIC.
Go to the OCIC website for more information about applying using the application form.
What do I provide in my application?
Your application must include:
- Your signed statement of effects (link to info sheet “statement of effects”)
- Incident details including the date and the place of the offence.
- Prosecution details including the offence report number, details of what the offender was charged with and the outcome.
- Medical, hospital psychiatric and/or psychological reports.
You will need to lodge supporting documents such as:
- Police reports and witness statements
- Medical records including hospital attendance, medical imaging and reports
- Payslips, tax returns, variation of employment contract, letter of termination and other documents to support loss of earnings
- Receipts, invoices and private health insurance statements relating to medical treatment.
Can I receive any payments before my application is finalised?
The Assessor can make ‘interim payments’ if they think it is justified. Interim payments are made to you before a final decision about whether you receive any compensation and, if so, how much.
Interim payments can be made for expenses that you have already incurred or that you are going to incur as a result of the offence. You can request interim payments for:
- Medical treatment.
- Reports in support of your claim.
- Reasonable funeral expenses if the victim died.
The maximum that you can be awarded is 3% of the maximum you can awarded for a single offence.
How do I request an interim payment?
- When you lodge your claim
You can tick a box on the claim form to request an interim payment. You will need to provide evidence of the interim expenses that you are requesting payment for.
- After you have lodged your claim
If you have already lodged your application form, you can send the Assessor a letter asking for an interim payment. The letter should say that you are requesting an interim payment for the expenses that you have already incurred and/or some which you are going to incur. It should list what the expenses are for and how much, together with supporting evidence.
NOTE: if you have received an interim payment and the Assessor makes a decision not to grant you compensation, you must repay the amount of the interim payment.
What happens once I have submitted my application?
If you apply via the ePortal, you will receive a matter number once your application is lodged. If you apply using the application form, you will receive an acknowledgement letter or email advising you of your matter number.
An Assessor will be assigned to your matter and will process your claim. The Assessor will request documents either from the police or from the Department of Public Prosecutions (depending on the offence) about the offence, any charges and convictions.
If your application is incomplete, the Assessor will contact you and request further information. It is important that you provide the information as soon as you can. You should state your matter number at the top of any emails or letters that you send to the Assessor.
You matter may take up to 18 months to process.
Notifying the offender
If the offender was convicted, the OCIC will notify them of your application. This gives the offender an opportunity to raise any matters with the Assessor they would like the Assessor to be aware of. The offender has 42 days from the date of the notification letter to raise those matters.
If you are awarded compensation, the offender may be liable to repay some, or all, of the amount of compensation to the State.
If you do not wish the offender to be notified of your application because you are concerned for your safety, you can write to the Assessor providing reasons why you would do not wish the offender to be notified.
Once the Assessor has made a decision, you and the offender will be notified.
Appeal
If you are not happy with the Assessor’s decision, you have 21 days from the date of the decision to appeal the decision to the District Court. The offender can also appeal the Assessor’s decision.
If no appeal is lodged after 21 days, payment is made to you. This may take up to 6 weeks from the date the award was made.
Resources
If you would like some legal advice specific to your circumstances, please make an appointment at the Fremantle Community Legal Centre
We are located at:
Level 1 Suite 31
Fremantle Malls
35 William Street
Fremantle
WA 6160.
Telephone: 08 9432 9790 (9.00 am-4.00 pm weekdays)
You might also find the following services useful:
Legal Aid WA
Telephone: 1300 650 579 open Monday to Friday 8.30am to 4pm pm except public holidays.
Office of Criminal Injuries Compensation
Level 10, Golden Square
32 St George’s Terrace
PERTH WA 6000
Telephone: 08 9425 3250 (9:00am to 4:00pm weekdays)