S.65 Guidelines - Sexual Assault and Domestic Violence
Guidelines pursuant to Section 65An applicant for statutory compensation must establish an act of violence. Section 5 defines an act of violence as an act or series of related acts whether committed by one or more persons
(a) that has apparently occurred in the course of the commission of an offence; and
(b) that has involved violent conduct against one or more persons; and
(c) that has resulted in injury or death to one or more of those persons.
A primary victim must therefore establish that he / she has sustained an âinjuryâ. Injury is now defined (following the 2006 amendments with effect from 22 December 2006) as
(a) actual physical bodily harm
(b) psychological or psychiatric harm
The evidence of harm need not be from an authorised report writer or person with equivalent qualification. However there must be some medical evidence that establishes that psychological or psychiatric harm is present.
If an applicant
(a) suffered no physical injury but has an injury of a psychological or psychiatric harm or
(b) suffered physical injury, which may be minor, but must be more than transient or trifling (âR âv- Donovan 1934 2KB 498 at 609)
an act of violence is established.
A primary victim may claim the compensable injuries of domestic violence, a category of sexual assault or a chronic psychological / psychiatric disorder category 1 (in appropriate cases) or category 2 disorder. If an applicant is claiming category 1 or 2 disorder then a reportmustbe provided from an authorised report writer (see clause 5 of schedule 1 of the Act).
The Guideline of 12 August 1999 is withdrawn.
C. BraheChairperson22 December 2006.