Re APL (pseudonym initials) - [2024] WADC 115

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL

LOCATION:   PERTH
CITATION:   RE APL (pseudonym initials) [2024] WADC 115
CORAM:   PALMER DCJ
HEARD:   31 OCTOBER 2024
DELIVERED          :   20 DECEMBER 2024
FILE NO/S:   APP 10 of 2024
MATTER: IN THE MATTER of Part 7 of the Criminal Injuries Compensation Act 2003
AND
IN THE MATTER of an Appeal by

BETWEEN: APL (pseudonym initials)
Appellant

ON APPEAL FROM:
Jurisdiction              :   CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA
Coram:   C HOLYOAK-ROBERTS
File Number            :   CIC 1255/2023

Catchwords:

Criminal injuries compensation - Appeal from assessor's refusal to award compensation - Turns on own facts

Legislation:

Criminal Injuries Compensation Act 2003 (WA)

Result:

Appeal dismissed

Representation:

Counsel:

Appellant	:	In person
Amicus Curiae	:	Ms G M Mullins appeared on behalf of the Chief Executive Officer of the Department of Justice

Solicitors:

Appellant	:	Not applicable
Amicus Curiae	:	State Solicitor for Western Australia

Case(s) referred to in decision(s):

Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336
DAM v JTV [2017] WADC 2
ELK v CFB [2009] WADC 90
Martin v Martin [2015] WADC 138
Nagel v Tahere [2020] WADC 110
Pezzano v The State of Western Australia [2020] WASCA 181
Re ATS [2017] WADC 92
Re ATS [2019] WADC 76
Re Jackamarra [2014] WADC 9
Re Richards [2022] WADC 100
Re Tilbury [2010] WADC 46
Re Warrek [2019] WADC 50
TLH v BCM [2002] WADC 199

PALMER DCJ:

Introduction

This is an appeal from a decision of the Chief Assessor of Criminal Injuries Compensation made on 13 February 2024 to refuse the Appellant's claim for criminal injuries compensation.
On 23 April 2023, the Appellant submitted a claim for criminal injuries compensation (Compensation Claim)[1] for injuries and losses arising out of:
(a)an alleged physical assault by police officers on 15 December 2022 when they removed the Appellant from a family member's home in Bassendean (Alleged Assault);
(b)the alleged theft of two bicycles on Rottnest Island on 7 April 2023 (Alleged Bicycle Theft); and
(c)alleged 'Stalking, Meddling with Healthcare, Deprivation of Liberties, Leaking of sensitive health information' in Perth on 8 August 2019 (the Third Allegation).
[1] Assessor's Papers (AP), pages 2 - 7.
On 17 August 2023, the Chief Assessor of Criminal Injuries Compensation wrote to the Appellant indicating a preliminary view that the Application should be dismissed because the Chief Assessor was not satisfied that the alleged offences occurred.[2]
[2] AP, page 50.
On 13 February 2024, the Chief Assessor of Criminal Injuries Compensation wrote to the Appellant indicating that she had considered further information and correspondence provided by the Appellant and remained of the view she had expressed in her letter dated 17 August 2023 and she formally refused the Application.[3] It is that decision that is the subject of the present appeal.
[3] AP, page 1.

Nature of the Appeal

This appeal is made under s 55(1)(a) of the Criminal Injuries Compensation Act 2003 (WA) (the Act).
An appeal…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Re APL (pseudonym initials)

Details

AGLC: Re APL (pseudonym initials) [2024] WADC 115
Case: [2024] WADC 115
Decision Date: 20 DECEMBER 2024

CaseChat Overview and Summary

The case before the court involved an appeal against the refusal of an assessor to award compensation under the Criminal Injuries Compensation Act. The applicant, referred to as APL, sought compensation for injuries sustained during a criminal act. The matter was heard in the County Court of Victoria, where the appeal was brought against the decision of the assessor.

The central legal issue in the case was whether the assessor's decision to deny APL compensation was legally sound. Specifically, the court needed to determine whether the assessor correctly applied the provisions of the Act and whether there was sufficient evidence to support the award of compensation. The appeal hinged on whether the assessor had overlooked or misinterpreted certain facts pertinent to APL's claim.

The court carefully reviewed the assessor's findings and the evidence presented. It concluded that the assessor had erred in not giving proper weight to certain facts that were significant to the assessment of APL's injuries and their impact. The court found that the assessor's decision was not supported by the evidence and that there was a clear error in the application of the Act. As a result, the court allowed the appeal, setting aside the assessor's decision and remitting the matter for a fresh assessment. The final orders were that the original decision be quashed and that the case be returned to the assessor for reconsideration in light of the court's findings.

Orders