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S.65 Guidelines - Shock (26 Oct 1999)
GUIDELINES PURSUANT TO S.65 VICTIMS COMPENSATION ACT 1996.
These guidelines supersede the previous guidelines in relation to the compensable injury of “shock” under the Act.
Pursuant to clause 5 of Schedule 1 an applicant claiming “shock” must establish an injury amounting to a recognisable mental illness (sub-clause (b));
There must be symptoms (either psychological or physical) and disability which persists for more than 6 weeks (sub-clause (a));
Examples of psychological symptoms are set out in sub-clause (c ) and examples of physical symptoms in (d).
Relevant disabilities include impaired work or school or other educational performance, significant adverse effects on social relationships and sexual dysfunction (sub-clause (e)).
Where a symptom from which an applicant is suffering impairs the applicant’s daily functioning at home, at work, or at school then it may also amount to a disability. For example, insomnia of itself may not be a disability but if it impairs the applicant’s daily functioning then it may be a disability. Anxiety of itself may not constitute a disability but if the anxiety impairs a person’s lifestyle then it may also be a disability.
Disabilities include impaired functioning in the areas specified in sub-clause (e). Impairment suggests an inability to perform or a diminution in performance. Any impairment therefore should not be of a trivial nature but should materially impact on an applicant’s functioning.
It should be emphasised that each application must be considered on its own facts.
It must also be borne in mind that in applying the table of compensable injuries, the times specified for the duration of “shock” means that both the symptoms and the disability must persist for the specified period.
Chairperson
26 October 1999.
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