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Hostage victim will get only small payout

Carlisle hostage victim Sheila Tran recovering in Royal Perth Hospital's Trauma Unit with boyfriend John Ong. Picture Megan Powell/The West Australian

Despite being an innocent victim, lawyers believe Sheila Tran will struggle to access meaningful compensation for her extensive injuries.

Under WA's criminal injuries compensation scheme, the maximum amount she could hope to be awarded is just $75,000.

Ms Tran would qualify for the scheme because some of her injuries happened as a direct result of criminal acts carried out by the man who took her hostage, Brendan John Lindsay.

It was unclear if the injuries that were caused by police would be taken into account when determining the size of any payout.

Lawyers also told _The West Australian _ that they did not believe Ms Tran had grounds to pursue civil action against the officers who shot her, or their employer.

In order to sue, she would have to demonstrate that the officers had acted unlawfully or with malice.

An internal inquiry is still under way into the shooting but the police union expects the officers will be cleared of wrongdoing.

The only other option available to Ms Tran is to petition the State Government for an ex gratia payment to help cover continuing medical costs or future impact her injuries may have on her ability to earn a living.

Also known as "act of grace" payments, they are awarded on a discretionary basis to people deemed to have suffered unfair financial or physical hardship as a direct result of actions or inaction by government departments. Andrew Mallard, who spent 12 years in jail after being wrongfully convicted of murdering jeweller Pamela Lawrence, received $3.25 million from the State Government.

The biggest payout was to police officer Matt Butcher, who received $3.3 million in recognition of the permanent disability he suffered in the line of duty.

Others though, such as victims of physical and sexual abuse in State care, received just a fraction of that amount for their suffering.

Ms Tran is believed to be in talks with a legal firm about her options but is yet to make any formal applications.

A spokeswoman for Attorney-General Michael Mischin said any application would be considered on its merits, if or when one was made.