New South Wales Consolidated Acts

VICTIMS SUPPORT AND REHABILITATION ACT 1996 - SECT 39

39 Appeals to the District Court on questions of law

(1) An applicant for statutory compensation may, with the leave of the District Court, appeal to the District Court on a question of law arising in any determination of the application by the Tribunal.

(2) An appeal by a person under this section may be instituted:

(a) within the period of 3 months after the day on which the relevant notice of the determination made by the Tribunal was duly served on the person, or

(b) within such further time as the District Court may in exceptional circumstances allow.

(3) For the purposes of this section, the following matters are not questions of law:

(a) a determination of whether an injury for which compensation has been claimed is an injury specified in the schedule of compensable injuries or whether it is a compensable injury of a particular description specified in that schedule,

(b) a determination of whether a series of acts are related and constitute a single act of violence.

(4) An appeal does not lie to the District Court against a decision of the Tribunal to refuse leave for a late application for statutory compensation.

(5) On an appeal, the District Court may only:

(a) affirm the determination of the Tribunal, or

(b) set aside the determination and remit the matter to be considered and determined again by the Tribunal (either with or without the hearing of further evidence) in accordance with the decision of the District Court on the question of law concerned.