ARU v Victims Compensation Fund Corporation [2016] NSWCATAD 87

ARU v Victims Compensation Fund Corporation [2016] NSWCATAD 87

The Tribunal granted leave to receive the S. Borenstein report because, in the unusual procedural history of the matter, it could not reasonably have been provided earlier, was credible on its face, and was likely to affect the result. Accepting that evidence, the Tribunal found ARU's chronic psychological or psychiatric disorder was directly referable to the act of violence, subject to a 15% reduction under Clause 4 for existing condition factors. The compensation assessor's decision was set aside and statutory compensation of $35,352.00 was awarded under sections 17 and 18 of the Victims Support and Rehabilitation Act 1996.

Jurisdiction
Australia
Judgment Date
11 May 2016
Procedural Posture
Victims Compensation Appeal Under the Former Victims Support and Rehabilitation Act 1996 / Remitted Appeal/reconsideration After Appeal Panel Allowed Appeal in Part
Outcome
Decision of the compensation assessor set aside; statutory compensation awarded to ARU in the total amount of $35,352.00.
Legal Topics
['statutory Compensation' 'act of Violence' 'causation' 'primary Victim' 'fresh Evidence' 'existing Condition Reduction' 'psychological or Psychiatric Injury']
['administrative Law' 'victims Compensation'] ['statutory Compensation' 'act of Violence' 'causation' 'primary Victim' 'fresh Evidence' 'existing Condition Reduction' 'psychological or Psychiatric Injury']

Case Brief

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Procedural Posture

Victims Compensation Appeal Under the Former Victims Support and Rehabilitation Act 1996 / Remitted Appeal/reconsideration After Appeal Panel Allowed Appeal in Part

Legal Issues

  1. 1 ['Whether leave should be granted under section 38 (3) of the Victims Support and Rehabilitation Act 1996 to receive the report of S. Borenstein dated 17 March 2015 as fresh evidence.' 'Whether ARU received a compensable injury as a direct result of the act of violence for the purposes of section 7 of the Victims Support and Rehabilitation Act 1996.' 'Whether any compensation should be reduced under Clause 4 of Schedule 1 because of aggravation, acceleration, exacerbation or deterioration of an existing condition.' 'What amount of statutory compensation and financial loss should be awarded under sections 17 and 18 of the Victims Support and Rehabilitation Act 1996.']

Ratio Decidendi

The Tribunal granted leave to receive the S. Borenstein report because, in the unusual procedural history of the matter, it could not reasonably have been provided earlier, was credible on its face, and was likely to affect the result. Accepting that evidence, the Tribunal found ARU's chronic psychological or psychiatric disorder was directly referable to the act of violence, subject to a 15% reduction under Clause 4 for existing condition factors. The compensation assessor's decision was set aside and statutory compensation of $35,352.00 was awarded under sections 17 and 18 of the Victims Support and Rehabilitation Act 1996.

Court Disposition

Decision of the compensation assessor set aside; statutory compensation awarded to ARU in the total amount of $35,352.00.

Orders

  • ['I set aside the decision of the compensation assessor dated 23 July 2010.' 'I make an award of statutory compensation under sections 17 and 18 of the Victims Support and Rehabilitation Act 1996 in the total amount of $35,352-00' "The section 17 award of $34,000.00 is payable to the NSW Trustee and Guardian to...