Busacker v VCFC [2002] NSWDC 19

New South Wales District Court

CITATION : Busacker v VCFC [2002] NSWDC 19 TRIBUNAL : Victims Compensation Tribunal PARTIES : Nadine Busacker Victims Compensation Fund Corporation FILE NUMBER(S) : 6 of 2002 CORAM: Patten DCJ CATCHWORDS: procedural fairness - s30 LEGISLATION CITED: Victims Support and Rehabilitation Act 1996 CASES CITED: DATES OF HEARING: 12/9/02 DATE OF JUDGMENT: 12 September 2002

JUDGMENT:

HIS HONOUR JUDGE PATTEN: Before the Court is an application for leave to appeal against the decision of the Tribunal constituted by the Victim's Support and Rehabilitation Act (the Act). The application for leave also seeks orders that the appeal be dealt with, that the determination of the Tribunal of 7 December 2001 be set aside and that the matter be remitted to the Victim's Compensation Tribunal. The application for leave and the appeal itself provided for by s 39 of the statute, may be made on grounds that are very limited, in that they are confined to questions of law. The question of law formulated in this case is that the appellant was denied procedural fairness. I do not doubt that this may constitute an error of law.

The appellant alleges that she was assaulted by her defacto marital partner on or about 11 April 1998, in Sydney, at a time when apparently both she and her alleged assailant were significantly affected by alcohol. She suffered bruising and other injuries, including a fractured nose, for which she possibly sought treatment on 13 April 1998 in Canberra.

She was certainly examined by Dr Kraus on 20 April.

However, the more significant fact is that she did not report the matter to the police until 27 August 1998, more than four months after the alleged assault, and apparently at a time when her relationship with her assailant had broken down.