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Domestic Violence - Frequently Asked Questions - Injuries

What compensable injuries can I claim from the Schedule of Injuries?

You may claim either the compensable injury of Domestic Violence OR other compensable injuries listed in the Schedule of Injuries.

Should I provide medical evidence in support of the compensable injury of Domestic Violence?

Yes. If you are claiming the compensable injury of Domestic Violence you must provide some evidence of the injury sustained in support of your claim. Injury is defined in the dictionary to the Act as ‘actual physical bodily harm’ or ‘psychological or psychiatric disorder.’

The Chairperson issued a guideline under section 65 of the Act on 12 August 1999 that covers this issue. The Chairperson stated that a physical injury may be minor, but must be more than transient or trifling. If you have sustained no actual physical injury, the report establishing any psychological or psychiatric disorder need not be prepared by an Authorised Report Writer but must be prepared by a person qualified to make that diagnosis.

Any evidence you can provide will also assist the compensation assessor in understanding the full impact of the crime upon you, and to make an appropriate award in the range of the relevant category of the compensable injury.

Can my counsellor write a report for my claim for the compensable injury of Domestic Violence?

Yes. If your counsellor is qualified to make a diagnosis of a psychological or psychiatric disorder, you may request them to write a report in support of your claim for the compensable injury of Domestic Violence.

If I am claiming the compensable injury of Domestic Violence, do I have to see an Authorised Report Writer?

No. An Authorised Report Writer (ARW) is only required if you are claiming Category 2: Chronic Psychological or Psychiatric Disorder that is severely disabling. Note: you may only claim Category 1: Chronic Psychological or Psychiatric Disorder that is moderately disabling if the act of violence involved an armed robbery, abduction or kidnapping.

Can I write to you and state what compensable injury I think should be awarded?

Yes, you may write to us at any time and state what compensable injury you think should be awarded. You may also wish to state how much should be awarded within the range of any injury claimed, if applicable. 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 circumstances. The compensation assessor will consider your submissions at the time your claim is finalised.

What evidence do I need to provide if I am claiming other injuries in the Schedule of Injuries?

If you are claiming physical injuries listed in the Schedule of Injuries, you will need to provide evidence in support, such as hospital records, medical reports, or proof of any continuing symptoms or disability.

If the injury of Category 2: Chronic Psychological or Psychiatric Disorder that is severely disabling is claimed, you will need to see an Authorised Report Writer (ARW).

Further Information

Section 65 Guidelines



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The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do. The information on this page is written for people resident in, or affected by, the laws of New South Wales, Australia only.

most recently updated 11 August 2003