Luke Jarvie v Victims Compensation Tribunal

Luke Jarvie suffered serious injuries as a result of being attacked by an offender after watching a Cronulla Sharks v Warriors NRL game at Shark Park on 27 May 2006. Whilst he was leaving the grounds and awaiting his mother to pick him up, he was struck by an offender and rendered unconscious. He was admitted to hospital with a fractured skull.

The offender was charged with assault occasioning actual bodily harm and convicted at the Sutherland Local Court. Police called in evidence Luke Jarvie and other witnesses and the Magistrate convicted the offender and rejected any contention that the offender was acting in any way in self-defence.

Luke Jarvie retained a solicitor in respect of an application for victims compensation and that application was determined by the Tribunal whereby in effect no compensation at all was awarded to Mr Jarvie. The Tribunal in its findings relied upon a statement of a witness who was not called in the criminal proceedings.

Greg Walsh acted on Luke’s behalf in respect of an appeal from the determination of the Tribunal. It was necessary to establish special grounds pursuant to s.38(3) Victims Support & Rehabilitation Act, 1996, as there was a considerable body of addition evidence in relation to the act of violence and the extent and nature of injuries sustained.

In relation to the injury, Mr Walsh relied upon additional material including that of Professor Yeo, Dr Stening and Dr Roberts.

It was accepted that special grounds had been established and leave was granted for Mr Walsh to rely upon the new material. The compensation assessor determination was set aside and a significant amount of compensation awarded to Mr Jarvie.