New South Wales Consolidated Acts

VICTIMS SUPPORT AND REHABILITATION ACT 1996 - SECT 52

52 Procedural and evidentiary provisions relating to recovery proceedings

(1) Subject to this Division and the rules, recovery proceedings must be determined:

(a) in accordance with the rules of evidence, and

(b) in accordance with the practice and procedure of the Local Court in its exercise of civil jurisdiction,

in the same way as proceedings on a statement of claim are determined by the Local Court in its General Division.

(2) The victim to whom recovery proceedings relate is competent, but not compellable, to give evidence in the proceedings.

(3) Despite any rule of law to the contrary, evidence given by the victim:

(a) in any application for an award of statutory compensation, or

(b) in any hearing relating to that application, or

(c) in any other proceedings (whether civil or criminal) arising from substantially the same facts as those on which the award of statutory compensation was based,

is admissible in recovery proceedings.

(4) If evidence so given by the victim is admitted in recovery proceedings but the victim does not attend as a witness in the proceedings, that evidence must be given no greater weight than is appropriate as a consequence of there having been no opportunity for the victim to be cross-examined in relation to that evidence.

(5) The Tribunal does not have jurisdiction to order payment of costs in relation to recovery proceedings.

(6) A person (other than a public servant) who is required to attend or to give evidence at recovery proceedings is entitled to be paid such allowances and expenses as may be prescribed by the rules.