Saleh v Victims Compensation Fund Corporation [2012] NSWDC 217

Saleh v Victims Compensation Fund Corporation [2012] NSWDC 217

The Tribunal erred in law by treating the workers compensation payment as precluding an award of victims compensation without having regard to the basis of the workers compensation determination, what injuries it compensated, and whether those injuries were the same as the psychiatric or psychological injuries claimed under the VCR Act. The Tribunal was required to consider the nature of the workers compensation award, hear submissions about its impact, and assess the victims compensation claim so as to avoid double dipping rather than impose an automatic bar.

Jurisdiction
Australia
Judgment Date
14 November 2012
Procedural Posture
Application for Leave to Appeal From a Decision of the Victims Compensation Tribunal Rejecting a Claim for Victims Compensation / District Court Appeal Under Section 39 of the Victims Compensation and Rehabilitation Act 1996
Outcome
Leave to appeal granted; appeal allowed; matter remitted for re-hearing by the Victims Compensation Tribunal.
Legal Topics
['double Dipping' 'error of Law' 'procedural Fairness' 'failure to Have Regard to Evidence' 'interpretation of Beneficial Legislation' 'psychiatric or Psychological Injury']
['victims Compensation' 'workers Compensation' 'administrative Law'] ['double Dipping' 'error of Law' 'procedural Fairness' 'failure to Have Regard to Evidence' 'interpretation of Beneficial Legislation' 'psychiatric or Psychological Injury']

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Procedural Posture

Application for Leave to Appeal From a Decision of the Victims Compensation Tribunal Rejecting a Claim for Victims Compensation / District Court Appeal Under Section 39 of the Victims Compensation and Rehabilitation Act 1996

Legal Issues

  1. 1 ['Whether an applicant for compensation under the Victims Compensation and Rehabilitation Act 1996 who has received workers compensation payments under the Workers Compensation Act 1987 is entitled to make a separate claim for psychiatric or psychological injuries arising from the same incident.' 'Whether the Victims Compensation Tribunal erred in law by treating receipt of workers compensation as precluding an award of victims compensation without considering the nature and basis of the workers compensation award.' 'Whether the appellant was denied procedural fairness by not being given an opportunity to make submissions about what the workers compensation payments covered and whether psychiatric or psychological injury could be separately claimed.']

Ratio Decidendi

The Tribunal erred in law by treating the workers compensation payment as precluding an award of victims compensation without having regard to the basis of the workers compensation determination, what injuries it compensated, and whether those injuries were the same as the psychiatric or psychological injuries claimed under the VCR Act. The Tribunal was required to consider the nature of the workers compensation award, hear submissions about its impact, and assess the victims compensation claim so as to avoid double dipping rather than impose an automatic bar.

Court Disposition

Leave to appeal granted; appeal allowed; matter remitted for re-hearing by the Victims Compensation Tribunal.

Orders

  • ['Appeal allowed' 'Matter remitted for re-hearing by the Victims Compensation Tribunal' 'Liberty to apply for the matter to be listed on the issue of costs']