AYV v Victims Compensation Fund Corporation [2014] NSWCATAD 118

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: AYV v Victims Compensation Fund Corporation [2014] NSWCATAD 118 Hearing dates: On the papers Decision date: 21 August 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: 1. Pursuant to section 38 (5) (a) of the old Act I set aside the decision of the compensation assessor. 2. Pursuant to section 29 (1) (a) of the old Act I make an award of statutory compensation. Catchwords: Victims Support and Rehabilitation - existing injuries - exacerbation of existing condition - injuries not specifically mentioned - reduction due to existing condition - whether to receive fresh evidence- beneficial legislation Legislation Cited: Victims Support and Rehabilitation Act 1996 Victims Rights and Support Act 2013 Victims Rights and Support Regulation 2013 Cases Cited: Victims Compensation Fund Corporation v Sarah Jane Hill (2000) NSWCA 75 Akins v National Australia Bank (1994) 34 NSWLR 155 [at 160] Commonwealth Bank of Australia v Quade [1991] HCA 61 Buckley v Victims Compensation Fund Corporation (2004) NSWSC 513 at [34] Victims Compensation Fund Corporation v Brown and Ors HCA 54 [2003] Texts Cited: Diagnostic and statistical manual of mental disorders (4th edition, Text Revision) 2000 Category: Principal judgment Parties: AYV (Applicant) Representation: Appellant (in person) File Number(s): 137210 NCAT 183713 VCT