Appeals to the District Court
Time limit
All appeals should be filed with the District Court within 3 months after the day on which the relevant notice of determination was served. The District Court may allow further time in exceptional circumstances (Section 39(2)(b) Victims Support and Rehabilitation Act 1996). If the appeal is filed outside the 3 month period, a motion should be filed seeking leave to appeal.
Grounds for appeal
You may appeal to the District Court against a determination of an appeal by the Tribunal (a magistrate) on a question of law only (Section 39(1) Victims Support and Rehabilitation Act 1996).
You cannot appeal to the District Court against a determination of a Compensation Assessor. In these circumstances, your appeal is to the Tribunal.
Grounds for appeal - exceptions
You should note that certain determinations are specifically excluded from appeals to the District Court:
- A determination as to whether an injury for which compensation has been claimed is an injury specified in the schedule of compensable injuries, or whether it is a compensable injury of a particular description specified in that schedule.
- A determination as to whether a series of acts are related and constitute a single act of violence (Section 39(3) Victims Support and Rehabilitation Act 1996).
Leave
In addition, there is no right of appeal to the District Court against a decision of the Tribunal to refuse leave for a late application for statutory compensation (Section 39(4) Victims Support and Rehabilitation Act 1996).
District Court decision
On an appeal, the District Court may only:
- Affirm the determination of the Tribunal; or
- Set aside the determination and refer the matter to be considered and determined again by the Tribunal (either with or without the hearing of further evidence) in accordance with the decision of the District Court on the question of law concerned.
Where to send your Notice of Appeal
You should file your Notice of Appeal in your nearest District Court. A sealed copy should also be served on the Tribunal.
To find out the location of your nearest District Court ring the Sydney District Court Civil Registry on (02) 9377 5830. Alternatively, you can get this information from the District Court website.
Caselaw
Some Victims Compensation Tribunal appeals heard at the District Court are available on the NSW Caselaw website.
All Victims Compensation Tribunal appeals heard at the Supreme Court are available on NSW Caselaw.
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