Re RW

In the matter of Re RW, the appellant, a victim of alleged sexual abuse by her father, sought to appeal against an assessor's decision to extend the time for making an application for criminal injuries compensation. The appellant's father was never charged with the offence, and the primary issue was whether the evidence provided was adequate to support an extension of time under the relevant statutory provisions. The case was heard in the Supreme Court of Victoria, with the appellant arguing that the evidence was insufficient to justify the extension.

The court had to determine whether the evidence presented by the appellant was sufficient to justify the assessor's decision to extend the time for making an application for compensation. The court examined the statutory framework, which required that the extension of time be granted if it was satisfied that there were special circumstances justifying the delay in making the application. The appellant contended that the evidence did not meet the threshold for special circumstances, as it did not demonstrate any unforeseen or extraordinary factors that prevented her from making the application within the prescribed time.

The court held that the evidence provided was adequate to justify the extension of time. The court found that the appellant's evidence, which included the trauma and psychological impact of the alleged abuse, as well as the delay in reporting the incident, constituted special circumstances. The court concluded that the assessor's decision to extend the time for making the application was not an error of law or fact and was supported by the evidence. The appeal was dismissed, and the original decision of the assessor was upheld.

The court did not make any further orders beyond dismissing the appeal and upholding the original decision of the assessor. The appellant was not entitled to any additional relief or compensation beyond what was already granted under the statutory scheme. The decision highlighted the importance of considering the unique circumstances of each case when determining whether to grant an extension of time for making an application for criminal injuries compensation.