Yuke v Victims Compensation Fund Corporation [1999] NSWDC 24

New South Wales District Court

CITATION : Yuke v Victims Compensation Fund Corporation [1999] NSWDC 24 TRIBUNAL : Victims Compensation Tribunal PARTIES : Nahrina Yuke Victims Compensation Fund Corporation FILE NUMBER(S) : 104 of 1999 CORAM: Blanch DCJ CATCHWORDS: s38(3) - special grounds LEGISLATION CITED: CASES CITED: DATES OF HEARING: 25/11/99 DATE OF JUDGMENT: 25 November 1999 LEGAL REPRESENTATIVES: Mr P Mason Mr C Lonergan

JUDGMENT: DCIS077 5667/99 SG-B

~25/11/99 1

HIS HONOUR: Well this is an appeal against a determination of the Victims Compensation Tribunal on 18 February 1999. There had initially been a determination by an Assessor on 2 September 1998 when the Assessor refused to make an award. The appeal was then lodged to the Tribunal and it was sought at that hearing to have considered a psychologist's report of Mr Somerville. The appellant is an Aboriginal woman who had suffered an attack and an injury and had been invited by the Tribunal to submit medical reports including any reports as to her psychological state. The Somerville report indicates a psychological condition, but that was not before the Assessor. When the matter came before the Tribunal the Tribunal pointed out that it was bound to consider the case on the material which was before the Assessor and that it was only where special grounds existed that the Tribunal would under s 38 "By leave receive further evidence and material." The appeal to the Tribunal was on the basis of the failure to make an award and the appeal specified that the appellant had problems in going to non-Aboriginal counsellors in order to have the report done.