New South Wales Consolidated Acts

VICTIMS SUPPORT AND REHABILITATION ACT 1996 - SECT 38

38 Hearing and determination by Tribunal

(1) The Tribunal may conduct a hearing into a matter the subject of an appeal or reference to it under this Division for determination. The hearing is to be conducted in accordance with Schedule 2.

(2) If the Tribunal is satisfied that the matter can be properly determined without a hearing, the Tribunal is to proceed to determine the matter accordingly.

(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 again 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.