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ARWs - Frequently Asked Questions - The Assessment
How much is awarded for the injuries of ‘Psychological or Psychiatric Disorder’?
‘Category 1: chronic psychological or psychiatric disorder that is moderately disabling’ ranges from $7,500 to $15,000.
‘Category 2: chronic psychological or psychiatric disorder that is severely disabling’ ranges from $30,000 to $50,000.
What restrictions are there on claiming the compensable injury of ‘Category 1: psychological or psychiatric disorder’?
The compensable injury of ‘Category 1: psychological or psychiatric disorder’ only applies in relation to an act of violence involving an armed robbery, abduction or kidnapping.
This means that if you were not the victim of an armed robbery, abduction or kidnapping, to receive an award for any psychological or psychiatric injury, you must establish the injury of ‘Category 2: psychological or psychiatric disorder that is severely disabling’.
Who decides whether I am eligible for an award?
A compensation assessor makes the decision whether an award will be made for any psychological or psychiatric injury you may have sustained.A compensation assessor is a legally qualified officer in the Victims Compensation Tribunal.
How does the compensation assessor make their decision?
The compensation assessor reads the ARW report and may take into account any other evidence you have provided. The assessor then decides whether your injury meets the legal criteria of the compensable injury of ‘psychological or psychiatric disorder’, and whether you will receive an award.
What are the legal criteria for the compensable injuries of ‘psychological or psychiatric disorder’?
On 25 July 2000, the Chairperson of the Victims Compensation Tribunal issued a guide on the interpretation of the compensable injury of ‘psychological or psychiatric disorder’. Select this link to read the Chairperson's Guideline.
In order to receive an award, the Chairperson said that there must be a ‘recognisable disorder, which is chronic and either moderately or severely disabling’.
‘Chronic’ means lasting a long time, or long term.
- ‘psychological or psychiatric disorder’
A ‘psychological or psychiatric disorder’ is a recognised mental illness. The ARW is required to report on any disorder, condition, or mental illness you may have sustained. ARWs, who are clinical psychologists or psychiatrists, have professional training and use specific criteria to make a diagnosis of a disorder.
The Chairperson in his guide explains that a disability is a ‘material impairment in an important area of day to day functioning’. In other words, ‘disabling’ means that the injury must have had some negative impact on your daily activities, such as your school, work, or social life or your close personal relationships. The assessment of disability will depend on your personal circumstances, and what evidence you have provided.
- ‘moderately’ or ‘severely’ disabling
If your psychological or psychiatric injury had no impact on your daily functioning or was mildly disabling, no award of compensation can be made for the injury of ‘psychological or psychiatric disorder’.
The assessment of the level of disability will depend on the evidence you have provided to the compensation assessor and the ARW, such as evidence of the impact on your school, work or personal life, and the contents of the ARW report. A reported effect may be considered ‘moderately’ or ‘severely’ disabling to one person but not to another, and therefore the assessment of the level of disability will vary on a case-by-case basis taking into account all of the evidence and your personal circumstances.
Can I write to you and state what category I think should be awarded?
Yes, you can write to us and state what category you think should be awarded. You may also wish to state how much should be awarded within the range of the category. You should explain your reasons clearly, and provide evidence in support.
In support, you can explain what effect the act of violence had on your life, so that the compensation assessor can have a full understanding of all your personal circumstances and the effects of the act of violence. Statements from your family or friends, employer, or teacher may support this.
The compensation assessor will consider your submissions at the time your claim is finalised.
Return to the contents page of FAQs for ARWs.
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