Clause 4 of Schedule 1 of the Victims Compensation Act 1996 (NSW) is a limitation on the quantum of compensation, not a criterion of entitlement; the causation requirement that the injury was received 'as a direct result' of the act of violence must be independently satisfied. Pre-existence of a psychiatric disorder does not automatically preclude a finding of direct causation. The s 39(3)(a) exclusion from appeal does not extend to the causation issue. The District Court cannot direct the Tribunal as to the manner of rehearing on remittal under s 39(5)(b).
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