ARD v Victims Compensation Fund Corporation [2014] NSWCATAD 157

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ARD v Victims Compensation Fund Corporation [2014] NSWCATAD 157 Hearing dates: 29 January 2014 and 26 August 2014 Decision date: 29 September 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. 3. Pursuant to section 35 (1) of the old Act I make an award of costs. Catchwords: Victims Compensation - series of related acts - offence based injuries - Reporting to police - reduction of amount of compensation - Oral Hearing Legislation Cited: Victims Support and Rehabilitation Act 1996 Victims Rights and Support Act 2013 Victims Rights and Support Regulation 2013 Civil and Administrative Tribunal Act 2013 Interpretation Act 1987 Victims Support and Rehabilitation Rule 1997 Cases Cited: Reifek v McElroy (1965) 112CLR 517 at 512-522 Category: Principal judgment Parties: ARD (Appellant) Victims Compensation Fund Corporation (Respondent) Representation: Counsel C Lonergan (Appellant) M J Corbett Solicitor (Appellant) M Ting, Victims Services (Respondent) File Number(s): 1370003 (Decision under review 136013) Publication restriction: Section 64 (1) (a) of the Civil and Administrative Tribunal Act: An order prohibiting or restricting the disclosure of the name of any person (whether or not a witness summoned by, or appearing before, the Tribunal.