ASQ v Victims Compensation Fund Corporation (No 2) [2017] NSWCATAD 78

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ASQ v Victims Compensation Fund Corporation (No 2) [2017] NSWCATAD 78 Hearing dates: On the papers Date of orders: 13 March 2017 Decision date: 13 March 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) I grant leave to the applicant to proceed in accordance with section 26 (2) of the Victims Support and Rehabilitation Act 1996 (the repealed Act). (2) Section 38 (3) of the repealed Act does not apply to these proceedings in their current form and as a result I find that all material sought to be relied upon by the applicant is received and to be considered if there is to be any subsequent assessment of compensable injury. (3) I direct that the respondent provide submissions within 28 days of publication of these reasons as to how the substantive matter (consideration of compensable injury for a secondary victim under section 8 (2) of the repelled Act), should be disposed of (either by the Fund, the Commissioner or the Tribunal). (4) If it is submitted (at order 3) that the matter should be disposed of by the Tribunal, the respondent is to include submissions as to jurisdiction. (5) In making order 3 the Tribunal notes the respondent's submissions as referred to in their Statutory Declaration of 19 August 2016, and the provisions of clause 19 and 20 (1) of Division 3 of the 2013 Regulation as referred to above in these reasons. (6) The applicant has a further 28 days from receipt of the respondent's submissions to file and serve any further submissions it may wish to file in reply on the question of jurisdiction. (7) The matter is to be fixed for further directions before me on a date suitable to the Tribunal and both parties in June 2017 by arrangement with the Registrar. (8) Liberty to either party to apply. Catchwords: VICTIMS Compensation – Support – Leave to proceed – Limitation period – Merits of claim - Jurisdiction of Tribunal - Repeal of Victims Compensation Scheme – Whether pending Claim not determined to finality determined by Tribunal – Reassessment of Compensation Claims lodged under Repealed Act – Whether claim can be reassessed late – Statutory construction of savings provisions. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Regulation 2013 Victims Rights and Support Act 2013 Victims Rights and Support Regulation 2013 Victims Support and Rehabilitation Act 1996 (Repealed) Cases Cited: ASQ v Victims Compensation Fund Corporation (No 1) [2014] NSWCATAD Unreported ARU v Victims Compensation Fund Corporation (No 2) [2016] NSWCATAD 87 ARU v Victims Compensation Fund Corporation (No 1) [2014] NSWCATAD 203 ARU v Victims Compensation Fund Corporation [2015] NSWCATAP 211 Category: Principal judgment Parties: ASQ (Applicant) Victims Compensation Fund Corporation (Respondent) Representation: Solicitors: Spouse, Agent (Applicant) M Ting (Respondent) File Number(s): 1610785 Publication restriction: s-64 (1) of the Civil and Administrative Tribunal Act 2013 prohibiting or restricting the disclosure of the name of the applicant.