Should I provide medical evidence in support of the compensable injury of Sexual Assault?

Yes. If you are claiming the compensable injury of Sexual Assault 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. The person may be a qualified medical practitioner of your own choosing.

Can my counsellor write a report for my claim for the compensable injury of Sexual Assault?

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 Sexual Assault.

If I am claiming the compensable injury of Sexual Assault, 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.]

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 Guideline