Appeal determinations
Determination of appeals in chambers
The majority of appeals are decided by the magistrate in chambers (Section 38(2) Victims Support and Rehabilitation Act 1996). This means the magistrate makes a decision based upon all the evidence you or your solicitor have submitted on file. Your personal attendance is not required.
The result of the Magistrate's decision regarding your appeal will be sent in writing to you or to your solicitor. In her/his determination, the magistrate will either:
1. Allow the appeal and refer the matter to a Compensation Assessor to be considered and determined again; or
2. Allow the appeal and make a new determination; or
3. Dismiss the appeal and affirm the determination of the Compensation Assessor; or
4. Dismiss the appeal and overturn the determination of the Compensation Assessor [This means that the Magistrate can reduce the amount of the original award by the Compensation Assessor] (Section 38(4), (5) & (6) Victims Support and Rehabilitation Act 1996).
Oral hearings
It is possible to request an oral hearing before the magistrate (Section 38(1) Victims Support and Rehabilitation Act 1996). This means you will be able to give evidence in person regarding your appeal. However, you will be required to provide reasons in writing prior to the callover outlining the reasons for an oral hearing.
You should note that oral hearings are held at the discretion of the Chairperson. You will be advised in writing as to whether your request has been approved, and also of the date for the oral hearing or determination in chambers.
Practice Note Number 1 - Request for Oral Hearing on Appeal to the Tribunal (pdf 17Kb)
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