AVM v Victims Compensation Fund Corporation. [2013] NSWADT 257

AVM v Victims Compensation Fund Corporation. [2013] NSWADT 257

AVM established that he was a primary victim of an assault amounting to an act of violence and that no eligibility-reducing factors applied. However, the authorised report writer assessed his post-traumatic stress disorder with depressive features as causing only mild impairment, so he did not prove a severely disabling Category 2 psychological disorder. There was no medical or neuropsychological evidence of compensable brain injury or subdural haematoma, and the photographs did not prove permanent facial scarring causing minor disfigurement. Although AVM established a compensable deviated septum, the amount payable for that single injury was below the statutory threshold, so statutory...

Jurisdiction
Australia
Judgment Date
14 November 2013
Procedural Posture
Victims Compensation Appeal / Appeal From Determination of a Compensation Assessor, Determined on the Papers
Outcome
The appeal is dismissed.
Legal Topics
['statutory Compensation for Victims of Violence' 'psychological or Psychiatric Disorder' 'severe Disability' 'brain Injury' 'deviated Nasal Septum' 'scarring' 'compensation Threshold']
['victims Rights and Support' 'administrative Law'] ['statutory Compensation for Victims of Violence' 'psychological or Psychiatric Disorder' 'severe Disability' 'brain Injury' 'deviated Nasal Septum' 'scarring' 'compensation Threshold']

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Procedural Posture

Victims Compensation Appeal / Appeal From Determination of a Compensation Assessor, Determined on the Papers

Legal Issues

  1. 1 ['Whether AVM established an act of violence under s 5(1) of the old Act.' 'Whether AVM suffered a Category 2 chronic psychological or psychiatric disorder that was severely disabling.' 'Whether AVM suffered a brain injury causing moderate social or intellectual impairment or a subdural haematoma.' 'Whether AVM suffered a compensable deviated nasal septum requiring septoplastomy.' 'Whether AVM proved permanent facial scarring resulting in minor disfigurement.' "Whether AVM's compensable injury entitlement met the statutory threshold for payment of compensation."]

Ratio Decidendi

AVM established that he was a primary victim of an assault amounting to an act of violence and that no eligibility-reducing factors applied. However, the authorised report writer assessed his post-traumatic stress disorder with depressive features as causing only mild impairment, so he did not prove a severely disabling Category 2 psychological disorder. There was no medical or neuropsychological evidence of compensable brain injury or subdural haematoma, and the photographs did not prove permanent facial scarring causing minor disfigurement. Although AVM established a compensable deviated septum, the amount payable for that single injury was below the statutory threshold, so statutory...

Court Disposition

The appeal is dismissed.

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.']