ASD v Victims Compensation Fund Corporation [2013] NSWADT 242

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: ASD v Victims Compensation Fund Corporation [2013] NSWADT 242 Hearing dates: On the papers Decision date: 30 October 2013 Jurisdiction: Victims Support Division Before: P H Molony, Judicial Member Decision: 1. The appeal is dismissed. 2. Cost of the appeal are allowed in the exercise of my discretion in the sum of $500 inclusive of GST. Catchwords: Victims Support and Rehabilitation - leave to rely on further evidence refused - special grounds - exceptional circumstances - chronic psychological disorder Legislation Cited: Victim Support and Rehabilitation Act 1996 Victims Rights and Support Act 2013 Victims Rights and Support Regulation 2012 Cases Cited: Akins v National Australia Bank (1994) 34 NSWLR 155 Commonwealth Bank of Australia v Quaid (1991) 178 CLR 134 Marshall v Victims Compensation Fund Corporation (2000) NSWDC 8 Victims Compensation Fund Corporation v Sarah Jane Hill (2000) NSWCA 75 Wilson v The Prothonotary (2000) NSWCA 23 Category: Principal judgment Parties: ASD (Applicant) Victims Compensation Fund Corporation (Respondent) Representation: CM Lawyers (Applicant) Victims Compensation Fund Corporation (Respondent) File Number(s): 137040 Publication restriction: S 126 Administrative Decisions Tribunal Act 1997 applies

reasons for decision

Background 1ASD who is aged 45 claims compensation for injuries which she received on 19 June 2009 when she was the victim of a robbery in a Sydney suburban car park, having just withdrawn a large sum of money from a nearby bank. The Compensation Assessor was satisfied that ASD had established an act of violence in the course of the commission of an offence and that she had sustained psychological harm as a consequence. The Compensation Assessor was not satisfied that ASD had satisfied the criteria to receive compensation for a Category 2 psychological disorder, as she claimed, and for that reason dismissed the application for compensation.