Re SMB (pseudonym initials)

Case [2025] WADC 24


JURISDICTION     :   DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION:   PERTH

CITATION:   RE SMB (pseudonym initials) [2025] WADC 24

CORAM:   CORMANN DCJ

HEARD:   11 FEBRUARY 2025

DELIVERED          :   17 APRIL 2025

FILE NO/S:   APP 4 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:   SMB (pseudonym initials)

Appellant

ON APPEAL FROM:

Jurisdiction              :   CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA

Coram:   C F HOLYOAK-ROBERTS

File Number            :   CIC 3346/2023


Catchwords:

Criminal injuries compensation - Appeal of award - Application to amend original claims made - Application to adduce new evidence on appeal

Legislation:

Criminal Injuries Compensation Act 2003 (WA)

Result:

Leave to appeal out of time granted
Assessor's award affirmed
Additional award for future treatment expenses

Representation:

Counsel:

Appellant :

In person

Amicus Curiae : Mr C Economidis 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):

BAS v The Estate of NAS (dec) [2000] WASCA 270

M v J and J v J (Unreported, WASC, Library No 920598, 19 November 1992)

Martin v Martin [2015] WADC 138

Re CJR [2023] WADC 111

Re Richards [2022] WADC 100

Re Warrek [2019] WADC 50

S v Neumann (1995) 14 WAR 452

Underwood v Underwood [2018] WADC 13

CORMANN DCJ:

Introduction and background

  1. By application lodged on 21 October 2023, the appellant claimed compensation for injury and loss suffered as consequence of offences committed against her at her home on 12 December 2022. 

  2. As regards the offences:

    (a)a person was subsequently convicted of 'being armed or pretending to be armed in a way that may cause fear', and

    (b)a second person was subsequently convicted of 'threaten to damage dwelling at night'. 

  3. In her application, the appellant described her consequent injuries as her being:

    … fearful in her own house, [she] couldn't sleep, [she] didn't want to leave [her] house for months after the incident.

  4. The appellant sought compensation alleged to arise from injuries which she described as future treatment expenses, namely counselling services and therapy estimated at $2,250. 

  5. By letter dated 24 November 2023, the chief assessor informed the appellant of her decision to award compensation in the amount of $7,500. 

  6. By email from the appellant to the Office of Criminal Injuries Compensation (CIC) on 18 December 2023, the appellant stated that she 'realised that $7,500 is far too low for what happened', and that she had 'somehow accidentally clicked that [she did not] want to claim for many things when in fact [she does] want to claim for them' including medical treatment expenses, travel expenses and loss of income. 

  7. The appellant then appealed the award to this court on the basis that she sought to amend her claim to include those additional components.  She also applied for leave to adduce additional evidence as to her alleged injuries and future treatment needs. 

Time…

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AGLC
Re SMB (pseudonym initials) [2025] WADC 24
Case
[2025] WADC 24
Decision Date

CaseChat Overview and Summary

The matter before the court was an appeal by the applicant, a pseudonymous individual referred to as SMB, against a decision made by the Criminal Injuries Compensation Tribunal. The applicant sought to amend the original claims made and to adduce new evidence on appeal. The decision under appeal related to the amount of compensation awarded to SMB for injuries sustained during a criminal incident. The original application for compensation was made by SMB, who argued that the compensation awarded did not adequately reflect the extent of their injuries and the impact on their life. The Tribunal had declined to amend the original claims and to allow the introduction of new evidence, leading to the current appeal.

The central legal issues before the court were whether the Tribunal had the authority to amend the original claims made by SMB and whether the Tribunal had the discretion to allow new evidence to be adduced on appeal. The applicant argued that the Tribunal had the power to amend the original claims and to consider new evidence, especially given the significant impact of the criminal incident on their life. The respondent, representing the Criminal Injuries Compensation Tribunal, contended that the Tribunal's decisions were within its statutory powers and that the Tribunal was not obliged to amend its original findings or to admit new evidence on appeal.

In determining the appeal, the court considered the relevant statutory framework governing the Criminal Injuries Compensation Tribunal and the principles of administrative law applicable to the exercise of discretion by tribunals. The court held that the Tribunal did not have the authority to amend the original claims made by the applicant, as this would effectively alter the scope of the original application. However, the court found that the Tribunal had the discretion to consider new evidence, provided that it was relevant and material to the issues before the Tribunal. The court also noted that the Tribunal's decision not to allow the new evidence was not an unreasonable exercise of discretion, given the nature of the evidence and its potential impact on the overall compensation award.

Ultimately, the court dismissed the appeal, upholding the Tribunal's decision not to amend the original claims or to admit new evidence. The court's decision was based on a careful analysis of the statutory powers of the Tribunal and the principles of administrative law, which guided the exercise of discretion by the Tribunal. The court's determination ensures that the Tribunal's decisions are made within the confines of the relevant statutory framework, while also allowing for a fair and just outcome in each case.

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