Bamfield v Secretary, Department of Communities & Justice & Ors

The parties to this proceeding were the appellant, Mr Bamfield, and the respondents, the Secretary of the Department of Communities and Justice and others. The dispute concerned the appellant's claim for compensation under the *Victims Support and Rehabilitation Act 1996* (NSW) for injuries he sustained in an incident on 10 March 2017. The primary issue before the Court of Appeal of New South Wales was whether the appellant's claim was validly lodged within the statutory time limit prescribed by section 25 of the Act.

The central legal question before the Court was whether the appellant had established "good cause" for the late lodgement of his claim. Section 25(2) of the *Victims Support and Rehabilitation Act 1996* (NSW) provides that a claim may be lodged after the prescribed time limit if the claimant establishes to the satisfaction of the scheme operator that there was good cause for the delay. The Court was required to determine the proper interpretation and application of this "good cause" provision in the context of the appellant's circumstances.

The Court of Appeal affirmed the decision of the primary judge, finding that the appellant had failed to demonstrate good cause for the significant delay in lodging his claim. Their Honours noted that while the appellant had experienced some personal difficulties, these did not constitute a sufficient explanation for the extended period of inaction. The Court reiterated that the "good cause" provision requires more than mere inconvenience or a general lack of awareness of the time limit; it necessitates a compelling reason for the delay that would excuse the claimant's failure to comply with the statutory deadline. The Court concluded that the appellant's explanation did not meet this threshold.