An Overview of the Appeals System

Appeals to the Victims Compensation Tribunal

Appeals to the District Court

Caselaw

An Overview of the Appeals System

appeals to the Victims Compensation Tribunal

The Victims Support and Rehabilitation Act, 1996, (formerly the Victims Compensation Act 1996) allows an applicant for statutory compensation to appeal to the Victims Compensation Tribunal against a decision (known as a determination) by a Compensation Assessor. The Tribunal is comprised of a Chairperson and a number of Magistrates. An applicant can also appeal against a decision of the Director, Victims Services to refuse leave for a late application for statutory compensation.

appeals to the District Court on questions of law

An applicant for statutory compensation may appeal to the District Court on a question of law arising in any determination of the application by the Tribunal. Appeals to the District Court require the leave of the District Court.

relevant legislation

Victims Support and Rehabilitation Act 1996

Victims Compensation Rule 1997

District Court Rules 1973

See also our page on legislation administered by Victims Services.

further enquiries

If you have any queries after reading the following information regarding the appeal process, please do not hesitate to contact the Tribunal

will you need a solicitor?

You can appeal yourself if you wish or be represented by a solicitor. The Law Society can provide you with the names of solicitors in your local area who will assist you in the appeal process. The number for the Law Society's Referral Service is (02) 9926 0300 or 1800 422 713 (Toll Free Call outside metropolitan area).

Your solicitor’s fees may be paid by the Tribunal in accordance with the prescribed rate Section 12 Victims Compensation Rule 1997. Please note that your solicitor is not permitted to charge you in excess of the amount payable in accordance with the scale of costs. Section 35(4) & (6) Victims Support and Rehabilitation Act, 1996.

Appeals to the Victims Compensation Tribunal

time limitation - filing of Notice of Appeal

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.

Once completed, you should forward your Notice of Appeal to the Tribunal.

Notice of Appeal and Information Sheet (word format)

Notice of Appeal form (html format)

• grounds of the appeal

• full particulars of the appeal

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 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 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.

Appeals to the District Court

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

All Victims Compensation Tribunal appeals heard at the Supreme Court are available on Caselaw