Australian Capital Territory v Pinter [2002] FCAFC 186

FEDERAL COURT OF AUSTRALIA

Australian Capital Territory v Pinter [2002] FCAFC 186 POWERS OF AUSTRALIAN CAPITAL TERRITORY LEGISLATIVE ASSEMBLY – criminal injuries compensation – claims for an award of compensation under the Criminal Injuries Compensation Act 1983 (ACT) including an amount to compensate for pain and suffering – amendment to criminal injuries compensation legislation, retrospectively extinguishing statutory right to claim an amount for pain and suffering – whether amendment valid in its application to persons who had undetermined applications at time amendment came into force. Acquisition of property ON JUST TERMS – nature of claim for compensation under Criminal Injuries Compensation Act 1983 (ACT) – whether applicant's interest in right to apply for compensation for pain and suffering is 'property'– whether removal of entitlement to apply for compensation for pain and suffering is 'acquisition of property otherwise than on just terms'. WORDS & PHRASES – "Acquisition of property on just terms"

Australian Capital Territory (Self-Government) Act 1988 (Cth), ss 22, 23, 28 Criminal Injuries Compensation Act 1983 (ACT) Victims of Crime (Financial Assistance) Act 1983 (ACT) Victims of Crime (Financial Assistance) Amendment Act 1999 (ACT), s 16(2)

Smith v ANL [2000] HCA 58; 204 CLR 493, applied Health Insurance Commission v Peverill (1994) 179 CLR 226, distinguished Commonwealth v WMC Resources Limited [1998] HCA 8;(1998) 194 CLR 1, applied Georgiadis v Australian and Overseas Telecommunications Corporation (1993) 179 CLR 297, followed Newcrest Mining (WA) Limited v Commonwealth (1979) 190 CLR 513, referred to Commonwealth v Mewett (1997) 191 CLR 471, referred to Re Criminal Injuries Compensation Ordinance 1983 (1984) 58 ACTR 17, referred to Mutual Pools & Staff Pty Ltd v The Commonwealth (1993) 179 CLR 155, applied Minister of State for the Army v Dalziel (1944) 68 CLR 261, referred to National Provincial Bank Ltd v Ainsworth [1965] AC 1175, followed R v Toohey; Ex parte Meneling Station Pty Ltd (1982) 158 CLR 327, followed Australian Capital Television v Commonwealth (1992) 177 CLR 106, referred to Curtis v Wilcox [1948] 2 KB 474, referred to Australian Tape Manufacturers v The Commonwealth (1993) 176 CLR 480, referred to Nintendo Co Ltd v Centronics Systems Pty Ltd (1994) 181 CLR 134, considered Re Award Under Criminal Injuries Compensation Ordinance; Ex parte Baker (1987) 71 ACTR 44, referred to Australian Capital Territory v Bullock [1995] ACTSC 63 (unreported, 28 June 1995), referred to Jenkins v Territory Insurance Office [2001] NTSC 92 (31 October 2001), approved Yanner v Eaton (1999) 166 ALR 258, referred to National Trustees Executors & Agency Co of Australasia Ltd v Federal Commissioner of Taxation (1954) 91 CLR 540, referred to Torkington v Magee [1902] 2 KB 427, referred to Commonwealth of Australia v Pillifeant (1990) 93 ALR 641, referred to Gray, "Property in Thin Air" [1991] Camb LJ 252, referred to Gray and Gray, Elements of Land Law, 93 (3rd ed, 2001), referred to Reich, "The New Property" (1964) 73 Yale LJ 733, referred to Tribe, American Constitutional Law 2nd ed 1988, 613, referred to United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, Art 12 AUSTRALIAN CAPITAL TERRITORY v PINTER & ORS A27 OF 2001 BLACK CJ, SPENDER, HIGGINS, FINN & DOWSETT JJ 26 JUNE 2002