Division 6 Reviews by Director and appeals and references to Tribunal and District Court

35A   Review of amount awarded as Victims Assistance

(1)  An applicant for Victims Assistance may apply to the Director for the correction of a miscalculation in the amount awarded by a compensation assessor as Victims Assistance.

(2)  An application to the Director under this section must be made within 28 days after the day on which the relevant notice of the determination of the compensation assessor was duly served.

(3)  Any such application must be in the form required by the rules and must be lodged with the Director.

(4)  The Director may determine the application by:

(a)  affirming the amount awarded by the compensation assessor, or

(b)  varying the award by correcting any miscalculation in the amount of the award.

(5)  Written notice is to be given to an applicant under this section of the determination of the Director.

36   Appeal to Tribunal by applicant

(1)  An applicant for statutory compensation who is aggrieved by the determination of a compensation assessor in respect of the application may appeal to the Tribunal against the determination.

(1A)  The applicant may not appeal to the Tribunal:

(a)  for the correction of a miscalculation in the amount awarded as Victims Assistance, or

(b)  against a determination of a compensation assessor under section 35 in relation to costs.

Note. An applicant may apply to the Director under section 35A for the correction of a miscalculation in the amount awarded as Victims Assistance.

(2)  A person who is aggrieved by a determination of the Director to refuse leave for a late application for statutory compensation may appeal to the Tribunal against the determination.

(3)  An appeal may be made:

(a)  within the period of 3 months after the day on which the relevant notice of the determination made by the compensation assessor or Director was duly served on the person, or

(b)  within such further time as the Tribunal may in exceptional circumstances allow.

37   Reference of application to Tribunal by assessor or by Chairperson of Tribunal

(1)  If the compensation assessor dealing with an application for statutory compensation considers that the application should be determined by the Tribunal, the Director may refer the application to the Tribunal for determination.

(2)  If the Chairperson of the Tribunal considers that an application for statutory compensation that has been determined by a compensation assessor should be reviewed by the Tribunal, the Director is to refer the application to the Tribunal for re-determination.

38   Determination by Tribunal of appeals and references

(1)  Except as provided by subsection (2), the Tribunal is to proceed to determine a matter the subject of an appeal or reference to it under this Division without a hearing.

(2)  The Tribunal is to conduct a hearing into the matter if the Tribunal is satisfied that it cannot properly determine the matter without a hearing. Any such hearing is to be conducted in accordance with Schedule 2.

(3)  An appeal from a determination of a compensation assessor is to be determined on the evidence and material provided to the compensation assessor. However, the Tribunal may, by leave, receive further evidence and material if it considers that special grounds exist or if the evidence or material concerns matters occurring after the determination appealed against.

(4)  The Tribunal is to determine the matter in accordance with the relevant provisions of Division 5 and, for that purpose a reference in that Division to a compensation assessor or the Director is taken to be a reference to the Tribunal.

(5)  The Tribunal may, without limiting the generality of subsection (4), do any of the following:

(a)  affirm or set aside any determination of a compensation assessor,

(b)  remit the application to be considered and determined or re-redetermined by a compensation assessor in accordance with the directions of the Tribunal.

(6)  The Tribunal is to so remit the application if further evidence and material received by the Tribunal could reasonably have been provided to the compensation assessor who dealt with the matter.

39   Appeals to the District Court on questions of law

(1)  An applicant for statutory compensation may, with the leave of the District Court, appeal to the District Court on a question of law arising in any determination of the application by the Tribunal.

(2)  An appeal by a person under this section may be instituted:

(a)  within the period of 3 months after the day on which the relevant notice of the determination made by the Tribunal was duly served on the person, or

(b)  within such further time as the District Court may in exceptional circumstances allow.

(3)  For the purposes of this section, the following matters are not questions of law:

(a)  a determination of 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,

(b)  a determination of whether a series of acts are related and constitute a single act of violence.

(4)  An appeal does not lie to the District Court against a decision of the Tribunal to refuse leave for a late application for statutory compensation.

(5)  On an appeal, the District Court may only:

(a)  affirm the determination of the Tribunal, or

(b)  set aside the determination and remit 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.

40   Payment of compensation suspended pending appeal to Tribunal or District Court

Subject to any order of the Tribunal or District Court to the contrary, the institution of an appeal to the Tribunal or District Court (or the referral of an application for re-determination by the Tribunal) suspends the application of section 42, in relation to the payment of compensation, pending the determination of the appeal or the re-determination.

41   Compensation Fund Corporation respondent to appeals

The Compensation Fund Corporation is the respondent to any appeal or reference under this Division.