AVY v Victims Compensation Fund Corporation [2014] NSWCATAD 193

AVY v Victims Compensation Fund Corporation [2014] NSWCATAD 193

The Tribunal set aside the assessor's decision because the application and K.B.'s report established on the balance of probabilities that AVY was the victim of domestic violence by her then de-facto partner, amounting to an act of violence under section 5 of the old Act. The evidence supported the offence-based compensable injury of domestic violence, but not a separate financial loss claim or discrete physical injuries above the statutory threshold.

Jurisdiction
Australia
Judgment Date
10 November 2014
Procedural Posture
Appeal Concerning Statutory Compensation for Alleged Domestic Violence Under the Victims Support and Rehabilitation Act 1996 / Decision on the Papers
Outcome
Decision of the compensation assessor set aside; statutory compensation and costs awarded to AVY.
Legal Topics
['act of Violence' 'domestic Violence' 'balance of Probabilities' 'compensable Injury' 'series of Related Acts of Violence' 'statutory Compensation' 'costs']
['administrative Law' 'victims Compensation'] ['act of Violence' 'domestic Violence' 'balance of Probabilities' 'compensable Injury' 'series of Related Acts of Violence' 'statutory Compensation' 'costs']

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Procedural Posture

Appeal Concerning Statutory Compensation for Alleged Domestic Violence Under the Victims Support and Rehabilitation Act 1996 / Decision on the Papers

Legal Issues

  1. 1 ['Whether AVY was a primary victim of an act of violence within the meaning of section 5 of the Victims Support and Rehabilitation Act 1996.' 'Whether the evidence before the Tribunal established domestic violence on the balance of probabilities.' 'Whether AVY sustained a compensable injury above the threshold.' 'Whether an award of statutory compensation and costs should be made.']

Ratio Decidendi

The Tribunal set aside the assessor's decision because the application and K.B.'s report established on the balance of probabilities that AVY was the victim of domestic violence by her then de-facto partner, amounting to an act of violence under section 5 of the old Act. The evidence supported the offence-based compensable injury of domestic violence, but not a separate financial loss claim or discrete physical injuries above the statutory threshold.

Court Disposition

Decision of the compensation assessor set aside; statutory compensation and costs awarded to AVY.

Orders

  • ['Pursuant to section 38(5) of the old Act, the decision of the compensation assessor is set aside.' 'An award of statutory compensation is made in the sum of $10,000.00 for the compensable injury of domestic violence, with a deduction of $750.00 pursuant to section 19A of the old Act, leaving $9,250.00 payable.'...