BEM v Victims Compensation Fund Corporation [2014] NSWCATAD 208

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BEM v Victims Compensation Fund Corporation [2014] NSWCATAD 208 Hearing dates: On the papers Decision date: 01 December 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 for costs. Catchwords: Victims Compensation - Criminal conduct - Act of violence - conflict in corroborative evidence - self-defence - civil standard Legislation Cited: Victims Support and Rehabilitation Act 1996 Victims Compensation Rule 1997 Victims Rights and Support Act 2013 Victims Rights and Support Regulation 2013 Crimes Act 1900 Cases Cited: Zecevic v DPP (Vic) (1987) 162 CLR 645 at 657 R v Dziduch (1990) 47 A Crim R 378 at 380 Texts Cited: Butterworth's Criminal Practice and Procedure NSW Category: Principal judgment Parties: BEM (Applicant) Victims Compensation Fund Corporation - (Respondent) Representation: Hansons Solicitors (Applicant) File Number(s): 137343 (Decision under review 154017) 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).