Time limitation - filing of appeal
Grounds for appeal
Grounds for appeal - exceptions
Leave
District Court decision
Where to send your Notice of Appeal
Caselaw

Time limitation - filing of appeal
All appeals should be filed with the District Court within 3 months after the day on which the relevant notice of determination was served. The District Court may allow further time in exceptional circumstances (Section 39(2)(b) Victims Support and Rehabilitation Act 1996). If the appeal is filed outside the 3 month period, a motion should be filed seeking leave to appeal.

If you wish to lodge an appeal to the District Court you must file a Notice of Motion (Part 6, Division 7A District Court Rules 1973). This must be accompanied by a statement including the following:

1. An identification of the determination sought to be appealed against;

2. The question of law on which it is sought to appeal; and

3. The grounds of the proposed appeal (Part 6, Division 7A Section 60C(4) District Court Rules 1973).

Grounds for appeal
You may appeal to the District Court against a determination of an appeal by the Tribunal (a magistrate) on a question of law only (Section 39(1) Victims Support and Rehabilitation Act 1996).

You cannot appeal to the District Court against a determination of a Compensation Assessor. In these circumstances, your appeal is to the Tribunal.

Grounds for appeal - exceptions
You should note that certain determinations are specifically excluded from appeals to the District Court:

1. A determination as to whether an injury for which compensation has been claimed is an injury specified in the schedule of compensable injuries, or whether it is a compensable injury of a particular description specified in that schedule.

2. A determination as to whether a series of acts are related and constitute a single act of violence (Section 39(3) Victims Support and Rehabilitation Act 1996).

Leave
In addition, there is no right of appeal to the District Court against a decision of the Tribunal to refuse leave for a late application for statutory compensation (Section 39(4) Victims Support and Rehabilitation Act 1996).

District Court decision
On an appeal, the District Court may only:

1. Affirm the determination of the Tribunal; or

2. Set aside the determination and refer the matter to be considered and determined again by the Tribunal (either with or without the hearing of further evidence) in accordance with the decision of the District Court on the question of law concerned.

Where to send your Notice of Appeal
You should file your Notice of Appeal in your nearest District Court. A sealed copy should also be served on the Tribunal.

To find out the location of your nearest District Court ring the Sydney District Court Civil Registry on (02) 9377 5830. Alternatively, you can get this information from their website at http://www.lawlink.nsw.gov.au/dc.nsf/pages/dccontactcivil

Caselaw
Some Victims Compensation Tribunal appeals heard at the District Court are available on the NSW Caselaw website.

If the District Court decision you require is not on NSW Caselaw, contact Victims Services' appeals unit.