ASD v Victims Compensation Fund Corporation [2013] NSWADT 242

ASD v Victims Compensation Fund Corporation [2013] NSWADT 242

Dr Girgis' report did not concern matters occurring after the assessor's determination, ASD did not show that it could not have been obtained with reasonable diligence, and its admission was not likely to lead to a different result; special grounds and exceptional circumstances were not established. Although ASD established that she was the victim of a robbery amounting to an act of violence, the evidence did not establish compensable arm or neck injuries, did not show that her PTSD was severely disabling so as to be a Category 2 psychological or psychiatric disorder, and did not show an armed robbery, abduction or kidnapping required for Category 1. The appeal was therefore dismissed.

Jurisdiction
Australia
Judgment Date
30 October 2013
Procedural Posture
Appeal From a Compensation Assessor's Determination Concerning Victims Compensation / Determined on the Papers in the Victims Support Division of the Administrative Decisions Tribunal
Outcome
Appeal dismissed; costs of the appeal allowed in the sum of $500 inclusive of GST.
Legal Topics
['victims Support and Rehabilitation' 'further Evidence on Appeal' 'special Grounds' 'psychological or Psychiatric Disorder' 'compensable Injury' 'act of Violence']
['victims Compensation' 'administrative Law'] ['victims Support and Rehabilitation' 'further Evidence on Appeal' 'special Grounds' 'psychological or Psychiatric Disorder' 'compensable Injury' 'act of Violence']

Case Brief

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Procedural Posture

Appeal From a Compensation Assessor's Determination Concerning Victims Compensation / Determined on the Papers in the Victims Support Division of the Administrative Decisions Tribunal

Legal Issues

  1. 1 ["Whether leave should be granted to rely on Dr Emad Girgis' medico-legal report as further evidence on appeal." 'Whether ASD established an act of violence under s 5(1) of the old Act.' 'Whether ASD suffered a compensable Category 2 psychological or psychiatric disorder.' 'Whether ASD was eligible for compensation for a Category 1 psychological or psychiatric disorder.' 'Whether any claimed injuries to the arm or neck were compensable.']

Ratio Decidendi

Dr Girgis' report did not concern matters occurring after the assessor's determination, ASD did not show that it could not have been obtained with reasonable diligence, and its admission was not likely to lead to a different result; special grounds and exceptional circumstances were not established. Although ASD established that she was the victim of a robbery amounting to an act of violence, the evidence did not establish compensable arm or neck injuries, did not show that her PTSD was severely disabling so as to be a Category 2 psychological or psychiatric disorder, and did not show an armed robbery, abduction or kidnapping required for Category 1. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed; costs of the appeal allowed in the sum of $500 inclusive of GST.

Orders

  • ['The appeal is dismissed.' 'Cost of the appeal is allowed in the exercise of my discretion in the sum of $500 inclusive of GST.']