Woman appeals grievous bodily harm payout at NCAT over domestic violence suffered at Wagga

The NSW Civil and Administrative Tribunal (NCAT) ruled on Tuesday that the woman's ongoing psychological symptoms were a "really serious injury" and met the definition of grievous bodily harm.

NCAT was provided medical testimony that the woman had been hit on the head multiple times, suffered loose teeth and was "strangulated many times".

The woman still suffers from post-traumatic stress disorder, has lost almost all of her teeth and has vision problems resulting from a broken eye socket.

The NSW Commissioner of Victims Rights had originally assessed the woman as being eligible for a 'Category D' recognition payment of $1500.

Category D is the lowest level of compensation and is awarded to primary victims of an attempted sexual assault without serious bodily injury, sexual touching, a robbery involving violence, or an assault without grievous bodily harm.

Under the scheme, the most a primary victim can be paid is $10,000 and the children or dependants of a homicide victim can be paid a maximum of $15,000.

The woman was also granted $994.25 as financial assistance for immediate needs.

A solicitor for the commissioner had argued that the woman's claim of grievous bodily harm in the form of being seriously debilitated for a lengthy period of time or disfigurement was not supported by medical evidence or legal proceedings against her ex-partner.

The woman, who cannot be identified for legal reasons, applied in 2017 for victim support and a recognition payment through the NSW Commissioner of Victims Rights.

The basis of the woman's claim was that she was the victim of domestic violence at Wagga between early 1999 and late 2016, including being threatened with a weapon by her ex-partner.

However, the woman did not indicate to the commissioner what injuries she suffered as a result of the domestic violence offending.

In April 2018, a client claims assessor deferred their decision on the basis that the application required further information.

The assessor noted that a number of NSW Police reports indicated domestic violence between the woman and he ex-partner, who was later convicted in Wagga Local Court including for assault occasioning actual bodily harm.

The assessor requested the applicant to provide any further information including police records and disclosures to any medical practitioners regarding the period of the act of violence.

In September 2021, the assessor determined that an act of violence was established on the balance of probabilities and that the applicant was eligible for a Category D recognition payment

The assessor's notice of decision stated the woman's ex partner's actions were "were cruel and callous, and included multiple instances of physical, emotional, verbal and mental abuse" but the assessor did not provide any specific reasons for her decision to approve a Category D recognition payment.

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In a request for an internal review, the woman told the commissioner that she was "appreciative and very grateful to see that you acknowledged my application by awarding me $1500".

"I do feel that this amount of money pales to the many years of physical, mental and verbal abuse that I have suffered," the woman said.

"The numerous things that my ex-partner did to me have had a serious impact on my life and as a consequence I have been unable to live a normal life in grave fear of him finding me and carrying out his threats of killing me."

The woman said the abuse had left her unable to perform the physical duties required for her previous job.

"The loss of income has made my life very difficult to the point where myself and my daughter became homeless for three years," she said.

"I have been diagnosed with post-traumatic stress disorder (PTSD) and severe anxiety which has also had a huge negative impact on my life."

Following a hearing in July, NCAT senior member Michelle Riordan set aside the commissioner's decision.

"Based upon the evidence that is before me, including [the woman's] evidence regarding the nature of her psychological symptoms, their duration and the need for ongoing treatment, I am satisfied that the act of violence resulted in "really serious injury" of a psychological nature and that it therefore resulted in grievous bodily harm," Ms Riordan said.

Ms Riordan said she was satisfied that the woman was "eligible for a Category C recognition payment in the sum of $5000".

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