Pham v Victims of Crime Assistance Tribunal

[2016] VSCA 102

Victorian Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Statutory Interpretation
2. › Presumption of consistent meaning
3. › Word used throughout statute
4. › Whether presumption yields to context
5. › Neutral and non-technical word 'amount'
6. › Victims of Crime Assistance Act 1996 (Vic), ss 8, 16
1. Statutory Interpretation
2. › Victims of crime legislation
3. › Financial assistance
4. › Loss of earnings
5. › Order of operations between cap and deductions
6. › Whether cap on assistance applies before or after deductions for compensation from other sources
7. › Victims of Crime Assistance Act 1996 (Vic), ss 8, 16, 50, 62
1. Statutory Interpretation
2. › Relevance of related provisions to construction
3. › Whether refund provision (s 62) guides construction of deduction provision (s 16)
4. › Victims of Crime Assistance Act 1996 (Vic), ss 16, 62

Quick Take

Under the Victims of Crime Assistance Act 1996 (Vic), deductions for compensation received from other sources under s 16 are to be made before the caps in s 8 are applied. A victim who has received more than $20,000 from other sources for loss of earnings may still recover up to $20,000 under the Act for the uncompensated balance. Section 62 (refund of award) is not a reliable guide to the construction of s 16.