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Appeals to the Victims Compensation Tribunal The Victims Services website has moved.
Please select this link to access the new site, or wait to be re-directed in 5 seconds. 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. 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 call-over. The decision as to whether to accept the further evidence/material will be made by Tribunal at the time of hearing. What to include in your Notice of Appeal Your Notice of Appeal must contain all the grounds of appeal and full particulars of those grounds of appeal. 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 Call-Over. Filing your Notice of Appeal After the appeal has been filed, the Tribunal will advise in writing of the date and time of the call-over. You will also be provided with a sealed copy of the Notice of Appeal for your records. Call-Overs The call-over is held before the Registrar of the Tribunal. The call-over is used to determine the readiness of your appeal and, where appropriate, for the Registrar to provide directions for the conduct of the appeal (Rule 15 Victims Compensation Rule 1997). A matter will usually only be set down for the hearing of your appeal if all submissions and evidence are on your file. You can attend the call-over in person although this is not necessary if all evidence, submissions etc are on your file. The call-over is held at the Tribunal premises at Level 4, 299 Elizabeth St, Sydney. 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: 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 call-over 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. Where to send your Notice of Appeal The Registrar Victims Compensation Tribunal Locked Bag A5010 Sydney South NSW 1235 or solicitors may use the Document Exchange: DX 11536 SYDNEY DOWNTOWN Further Enquiries If you have any queries after reading the following information regarding the appeal process, please do not hesitate to contact the Tribunal on (02) 9374-3111 regarding Appeals to the Tribunal. ______________________
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