Victims Compensation Tribunal of New South Wales

The Victims Compensation Tribunal of New South Wales is a tribunal established to determine the amounts that may be awarded to victims of crime for personal injury in New South Wales, a state of Australia. The tribunal has exclusive jurisdiction to determine the amount which the Victims Compensation Fund of New South Wales will pay to a victim of crime.

Background to the establishment of the tribunal

Prior to the establish of the tribunal, victims could either sue at common law for injuries sustained as the result of a criminal act. All courts which had a civil jurisdiction, such as the Supreme Court of New South Wales, the District Court of New South Wales, or the Local Court of New South Wales could hear and determine a claim for personal injury.

Section 437 of the Crimes Act 1900 also allowed a criminal court to make an order for criminal injuries compensation. When an order was made, the Director-General of the Department of the Attorney General and of Justice was empowered to make a payment out of government funds to the victim. The Crimes Act also provided that the Attorney General could take steps to recover any payment made from the criminal concerned.

Section 437 was repealed on the creation of the first tribunal.

The first tribunal

The first tribunal was established by the Victims Compensation Act 1987 (NSW). It provided that a magistrate of the Local Court of New South Wales could constitute the tribunal. The first tribunal ceased to exist when the Victims Support and Rehabilitation Act 1996 commenced. The latter act continued the existence of the old tribunal under the new act.

The first tribunal differed to the way the tribunal now works. Applications for compensation were determined by a magistrate. An appeal from the magistrate could be made to the District Court.

tructure and Jurisdiction of the current tribunal

The present tribunal is constituted under section 59 of the Victims Support and Rehabilitation Act 1996 (NSW). It came into existence on 2 April 1997, although transitional arrangements in the act provide that the present tribunal is a continuation of the former tribunal.

A magistrate can be appointed as a member of the tribunal. One of the members can be appointed by the Governor of New South Wales as the Chairperson of the tribunal.

Assessors may also be appointed by the Director-General of the Attorney Generals Department to determine applications.

Current procedures

A victim of crime may make an application for victims compensation to the tribunal. The tribunal lists the application for assessment before an Assessor. The assessor deals with the application in chambers and makes a determination of the amount of money which will be awarded to the victim of crime. The victim or his or her legal representatives do not appear on the application.

A victim dissatisfied with the determination may appeal to a member of the tribunal. The appeal is held in the open court. The victim and his or her legal representative can attend the hearing and adduce evidence and make submissions. There is also a legal representative for the Victims Compensation Fund who appears to resist the application.

At the conclusion of the hearing, the tribunal members makes a decision on the appeal.

Further appeals

An appeal to a member of the tribunal is generally final. There are limited rights of appeal to a judge of the District Court of New South Wales.

Chairpersons

*Cecil Brahe

References

* [http://www.lawlink.nsw.gov.au/vct|Tribunal's webpage]
* [http://www.austlii.edu.au/au/legis/nsw/consol_act/vsara1996372/|Victims Compensation Act]