AVM v Victims Compensation Fund Corporation. [2013] NSWADT 257

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AVM v Victims Compensation Fund Corporation. [2013] NSWADT 257 Hearing dates: On the papers Decision date: 14 November 2013 Jurisdiction: Victims Support Division Before: P H Molony, Judicial Member Decision: 1. The appeal is dismissed. 2. Cost of the appeal is allowed in the exercise of my discretion in the sum of $500 inclusive of GST. Catchwords: Victims Rights and Support - psychological disorder - meaning of severe disability - proof of scarring Legislation Cited: Victim Support and Rehabilitation Act 1996 Victims Rights and Support Act 2013 Victims Rights and Support Regulation 2012 Cases Cited: Buckley v Victims Compensation Fund Corporation (2004) NSW SC 513 Texts Cited: Diagnostic and Statistical Manual of Mental Disorders DSM IV TR. Category: Principal judgment Parties: AVM (Applicant) Victims Compensation Fund Corporation (Respondent) Representation: Lough & Wells Lawyers (Applicant) File Number(s): 137103 Publication restriction: S 126 Administrative Decisions Tribunal Act 1997

reasons for decision

Background 1AVM claims statutory compensation for injuries which he received as a primary victim of an assault that occurred on 2 October 2010. He claimed to have suffered; * A chronic psychological disorder that was disabling. * A deviated nasal septum requiring septoplastomy. * Scarring to his face, resulting in minor disfigurement. 2The Compensation Assessor was not satisfied that AVM was suffering from a Category 2 psychological or psychiatric disorder that is severely disabling. The assessor was satisfied that AVM had sustained a deviated nasal septum as a result of the assault, which merits $2,400 compensation under the schedule of injuries. Photographs of the injury did not establish that facial disfigurement was a compensable injury. Because AVM's total entitlement for compensation for his injuries was below the threshold for compensation, AVM's claim for compensation for compensable injuries was dismissed.