GUIDELINES AND ARRANGEMENTS RELATING TO COMPENSATION ASSESSORS, VICTIMS COMPENSATION ACT, 1996, section 65.


Power of a Compensation Assessor to adjourn proceedings.

The question has arisen as to the power of a Compensation Assessor to adjourn proceedings in the absence of specific power in the Act enabling such a course of action. The only power of which I am aware, to “postpone” the determination of an application is provided in section 30(4).

Notwithstanding, in my view there is clearly an implied power to adjourn proceedings. There is for example power to make an interim award (section 33); power to direct a medical examination (section 28); power to have regard to an applicant’s criminal activity (section 30(1)(a) all of which necessitate an application being adjourned if the power provided in those sections is to be exercised. There are probably other provisions of the Act where an adjournment is similarly implied.

The Victims Compensation Act 1987 contains no specific provision for the adjournment of an application and yet that power is exercised regularly without question.

Chairperson
1 April 1998