AVR v Victims Compensation Fund Corporation. [2013] NSWADT 265

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AVR v Victims Compensation Fund Corporation. [2013] NSWADT 265 Hearing dates: On the papers Decision date: 22 November 2013 Jurisdiction: Victims Support Division Before: P H Molony, Judicial Member Decision: 1. Leave to appeal out of time is refused. 2. Cost of the appeal is allowed in the exercise of my discretion in the sum of $550 inclusive of GST. Legislation Cited: Victim Support and Rehabilitation Act 1996 Victims Rights and Support Act 2013 Victims Rights and Support Regulation 2013 Cases Cited: Foulkes v Victims Compensation Fund Corporation Yacoub v Pilkington (Australia) Limited (2007) NSWCA 290 Category: Principal judgment Parties: Appellant - AVR Respondent - Victims Compensation Fund Corporation. Representation: Appellant - Legal Aid NSW File Number(s): 137108 Publication restriction: S 126 Administrative Tribunals Act 1997

reasons for decision

Background 1AVR claimed compensation for injuries which she received on 27 or 28 January 1979 as a result of an unlawful sexual assault. The Compensation Assessor was not satisfied that AVR had established that act of violence on the balance of probabilities. The Assessor dismissed her application for statutory compensation on 16 February 2011.

Application of the old Act 2On 7 May 2013 the New South Wales Government introduced into Parliament an Act which changed the form of support provided to victims of violent crime in New South Wales. The Victims Support and Rehabilitation Act 1996 ("the old Act") was repealed and replaced by the Victims Rights and Support Act 2013 ("the new Act"). AVR's solicitors were informed that the appeal would be determined under the new Act. 3The Victims Compensation Tribunal was abolished and pursuant to Clause 14 of Schedule 2 of the new Act appeals to it are taken to have been commenced before the Administrative Decisions Tribunal. As a Judicial Member in the Victim Services Division of the ADT I have been directed by the President of the ADT to hear the appeal and, in doing so, may exercise all the functions that the Victims Compensation Tribunal had immediately before the commencement of the new Act. 4On 16 August 2013 clause 16 of the Victims Rights and Support Regulation 2013 ("the Regulation") commenced operation. This provided that appeals which were pending as at 3 June 2013 are to be determined under the old Act. AVR's solicitors had previously made submissions on the basis of the appeal proceeding under the old Act. Since Clause 16 of the Regulation commenced AVR has been advised of it by the Registrar and given the opportunity to make final submissions. AVR has not done so.