Appeals to the Victims Compensation Tribunal
Time limit
All appeals should be lodged with the Tribunal within 3 months after the day on which the relevant notice of determination was served. This is called filing of a Notice of Appeal.
The Tribunal may allow further time in exceptional circumstances (Section 36(3)(b) Victims Support and Rehabilitation Act 1996). If the appeal is filed after the 3 months, the Tribunal will require submissions regarding leave to appeal. The question of leave will be determined by the Tribunal at the time of hearing.
The Notice of Appeal and what to include
Your Notice of Appeal must contain all the grounds of appeal and full particulars of those grounds of appeal.
Once completed, you should forward your Notice of Appeal to the Tribunal.
Notice of Appeal Form (pdf 37Kb)
Grounds of the appeal
A ground of appeal is a statement of the basis on which you seek review of the determination made by the Compensation Assessor/Tribunal. There may be more than one ground of appeal (each should be numbered). A ground of appeal can normally be stated within one sentence.
Full particulars of the appeal
Full particulars should substantiate each ground of appeal. Here, you may provide details to establish the grounds of appeal and refer to matters which you think are of relevance. The details establishing the grounds of your appeal should be attached to the Notice of Appeal. Alternatively, you can forward this information separately to the Tribunal. Please note, however, that the full particulars of your appeal need to be forwarded to the Tribunal prior to the callover.
Grounds of the appeal - exceptions
You should note that certain determinations are specifically excluded from appeals to the Tribunal. A person may not appeal:
- for the correction of a miscalculation in the amount awarded under the Victims Assistance Scheme.
- a determination of a compensation assessor under section 35, in relation to costs.
Evidence
The Act provides that appeals against a decision of a Compensation Assessor are to be determined on the evidence/material originally provided to the Compensation Assessor (Section 38(3) Victims Support and Rehabilitation Act 1996). If you wish to provide further evidence/material, submissions should be filed prior to the callover.
The decision as to whether to accept the further evidence/material will be made by Tribunal at the time of hearing.
Where to send your Notice of Appeal
The Registrar
Victims Compensation Tribunal
Locked Bag 5118
PARRAMATTA NSW 2124
After you file your Notice of Appeal
After the appeal has been filed, the Tribunal will advise in writing of the date and time of the callover. You will also be provided with a sealed copy of the Notice of Appeal for your records.
Further enquiries
If you have any questions about the appeal process contact the Tribunal.
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