Criminal Injuries Compensation Act 2003

This section applies if a person is found not guilty of a crime, misdemeanour or simple offence (the charged offence) on account of mental impairment.

A person who suffers injury as a consequence of the act or omission that is alleged to constitute the charged offence may apply for compensation for that injury and any loss also suffered.

If —

a person dies as a consequence of the act or omission that is alleged to constitute the charged offence; and

a close relative of the deceased suffers loss as a result of the death,

An assessor must not make a compensation award in respect of a compensation application made under this section unless satisfied —

if the application is made under subsection (2) — that the claimed injury and any claimed loss has occurred and did so as a consequence of the act or omission that is alleged to constitute the charged offence;

if the application is made under subsection (3) — that the death occurred as a consequence of the act or omission that is alleged to constitute the charged offence and that the claimed loss has occurred.