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S.65 Guidelines - Shock (22 Dec 1997)
Victims Compensation Act 1996
Guidelines pursuant to section 65.
Not all applicants who are diagnosed as suffering “shock” will succeed in their claim for compensation.
Compensation is payable only if the symptoms AND disability persist for more than 6 weeks (Schedule 1 clause (5)(a));
The injury must comprise conditions attributed to post traumatic stress disorder, depression and similar conditions and there MUST be psychological/physical symptoms AND a disability.
Clause 5 (e) refers to relevant disabilities and refers to SIGNIFICANT adverse effects on social relationships and sexual dysfunction. Just what are significant adverse effects will depend on the facts in each case.
Unless ALL THE CRITERIA is present an applicant CANNOT succeed in a claim for shock.
Clause 4 should be considered where an act of violence results in a compensable injury because of the aggravation, acceleration, exacerbation or deterioration of an existing condition.
Chairperson
22 December 1997.
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