AWK v Victims Compensation Fund Corporation. [2013] NSWADT 251

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AWK v Victims Compensation Fund Corporation. [2013] NSWADT 251 Hearing dates: On the papers Decision date: 07 November 2013 Jurisdiction: Victims Support Division Before: P H Molony, Judicial Member Decision: 1. The appeal is dismissed. 2. No order as to costs. Catchwords: Victims Support and Rehabilitation - compensable injury - chronic psychological or psychiatric disorder - ARW reports - there must be a diagnosed psychological condition - expert report should clearly explain the basis on which diagnosis made Legislation Cited: Victim Support and Rehabilitation Act 1996 Victims Rights and Support Act 2013 Victims Rights and Support Regulation 2012 Cases Cited: Commonwealth of Australia v Smith [2005] NSWCA 478 South Western Sydney Area Health Service v Edmonds [2007] NSWCA 16 Tame v State of New South Wales [2002] HCA 35; 211 CLR 317; 191 ALR 449; 76 ALJR 1348 Category: Principal judgment Parties: AWK (Applicant) Victims Compensation Fund Corporation (Respondent) File Number(s): 137133 Publication restriction: s 126 Administrative Decisions Tribunal Act

reasons for decision

Background 1AWK who is aged 44 claims compensation for psychological injuries which he claims to have received on 6 July 2010 when he was the victim of a robbery at home. The robbery occurred when two men, posing as plain clothes police officers gained entry to his house on the pretext that they had a search warrant. The Compensation Assessor was satisfied that AWK had established an act of violence in the course of the commission of an offence, but was not satisfied that AWK had established that he suffered from a psychological/psychiatric disorder as a result.