Under the Criminal Offence Victims Act 1995 (Qld), adverse impacts under reg 1A of the Regulation must be established as separate from and additional to the mental or nervous shock injury under s 20; the onus is on the applicant to prove this on the balance of probabilities. Expert evidence that addresses both the s 20 injury and reg 1A adverse impacts using overlapping subject matter may fail to discharge this onus. Judges are not required to take an inquisitorial role to assist applicants in establishing their claims.
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