BBD v Victims Compensation Fund Corporation. [2014] NSWCATAD 176

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BBD v Victims Compensation Fund Corporation. [2014] NSWCATAD 176 Hearing dates: On the papers Decision date: 21 October 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Judicial Member Decision: The claim for statutory compensation is dismissed Catchwords: Victim Support and Rehabilitation - act of violence - compensation threshold not reached Legislation Cited: Act 1996 Victims Rights and Support Act 2013 Victims Rights and Support Regulation 2013 Category: Principal judgment Parties: BBD (Applicant) Victims Compensation Fund Compensation Fund Corporation (Respondent) Representation: BBD (Applicant in person) File Number(s): 137306 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 party to proceedings in the Tribunal or a witness summoned by, or appearing before, the Tribunal).

reasons for decision

Background 1BBD who is aged 22 claims compensation for injuries which he received on 14 August 2010 in Gymea when he was assaulted by an unidentified person. The Compensation Assessor was satisfied that BBD had established that he was the victim of an act of violence committed in the course of the commission of an offence, which had caused him injury. The evidence established that BBD had not made a complaint to Police for more than two weeks after the assault. As a consequence the Assessor, applying s 30 of the Victims Support and Rehabilitation Act 1996, considered that delay was significant and determined to dismiss BBD's application for statutory compensation.