BCU v Victims Compensation Fund Corporation [2013] NSWADT 275

BCU v Victims Compensation Fund Corporation [2013] NSWADT 275

BCU's application must be determined under the new Act, which does not provide her with eligibility for the compensation sought as a secondary victim; thus, the dismissal of her application must be affirmed.

Parties
Applicant: BCU; Respondent: Victims Compensation Fund Corporation
Jurisdiction
Australia
Judgment Date
22 November 2013
Procedural Posture
Review of Statutory Compensation Application / Decision on Merits
Outcome
decision under review affirmed
Legal Topics
Retroactive Application of Legislation, Statutory Interpretation, Transitional Provisions
Victims Compensation Administrative Law Retroactive Application of Legislation Statutory Interpretation Transitional Provisions

Case Brief

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Parties

BCU

Applicant

Victims Compensation Fund Corporation

Respondent

Procedural Posture

Review of Statutory Compensation Application / Decision on Merits

Legal Issues

  1. 1 Whether the Victims Rights and Support Act 2013 applies retroactively to claims lodged under the Victim Support and Rehabilitation Act 1996 but not finally determined before the introduction of the new Act
  2. 2 Eligibility for compensation for secondary victims under the new Act as opposed to the old Act

Ratio Decidendi

BCU's application must be determined under the new Act, which does not provide her with eligibility for the compensation sought as a secondary victim; thus, the dismissal of her application must be affirmed.

Court Disposition

decision under review affirmed

Orders

  • The decision of the Compensation Assessor is affirmed.