ARD v Victims Compensation Fund Corporation [2014] NSWCATAD 152

ARD v Victims Compensation Fund Corporation [2014] NSWCATAD 152

The Tribunal found that ARD was, on the balance of probabilities, the victim of acts of violence as defined by s 5(1) of the Victims Support and Rehabilitation Act 1996 for each of the eight claims. The assessor erred by placing improper weight on the lack of contemporaneous evidence and delay in reporting, rather than properly considering all available evidence. The Tribunal accepted ARD’s evidence, found compensable injuries established, and made awards for statutory compensation and costs accordingly.

Jurisdiction
Australia
Judgment Date
25 September 2014
Procedural Posture
Victims Compensation Statutory Appeal / Appeal (review of Compensation Assessor’s Decision)
Outcome
Appeal allowed. Compensation assessor’s decision set aside. Awards of statutory compensation and costs made.
Legal Topics
['civil Standard of Proof' 'acts of Violence' 'statutory Compensation' 'domestic Violence' 'sexual Assault' 'out of Time Applications' 'costs' 'evidentiary Requirements']
['victims Compensation' 'administrative Law'] ['civil Standard of Proof' 'acts of Violence' 'statutory Compensation' 'domestic Violence' 'sexual Assault' 'out of Time Applications' 'costs' 'evidentiary Requirements']

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Procedural Posture

Victims Compensation Statutory Appeal / Appeal (review of Compensation Assessor’s Decision)

Legal Issues

  1. 1 ['Whether the appellant (ARD) was a victim of an act of violence as defined under section 5(1) of the Victims Support and Rehabilitation Act 1996' 'Whether evidence satisfied the civil standard (balance of probabilities) to establish the claims' 'Whether the compensation assessor had erred in approach to evidence and threshold requirements' 'Whether ARD sustained compensable injury entitling to statutory compensation under the old Act' 'Whether the out of time applications should be allowed for consideration']

Ratio Decidendi

The Tribunal found that ARD was, on the balance of probabilities, the victim of acts of violence as defined by s 5(1) of the Victims Support and Rehabilitation Act 1996 for each of the eight claims. The assessor erred by placing improper weight on the lack of contemporaneous evidence and delay in reporting, rather than properly considering all available evidence. The Tribunal accepted ARD’s evidence, found compensable injuries established, and made awards for statutory compensation and costs accordingly.

Court Disposition

Appeal allowed. Compensation assessor’s decision set aside. Awards of statutory compensation and costs made.

Orders

  • ['The decisions of the compensation assessor in all eight applications are set aside pursuant to s 38(5)(a) of the old Act.' 'Awards of statutory compensation made in favour of ARD for each of the eight claims under s 29(1)(a) of the old Act, with quantum fixed as below.' 'Costs awarded in favour of ARD under s...