Return to normal view

Reaching a Decision

In submitting an application, the applicant may choose whether they wish to have their application dealt with in their absence or elect to attend a Tribunal hearing.

Determination without a hearing:

The Tribunal will determine claims in this matter when:

• the applicant has consented to the Tribunal determining their claim in their absence, and;
• the offender is known, has been found guilty of the offence or where a warrant has been issued for their arrest, or;
• the offender is unknown and an independent witness can corroborate the applicant's story, and;
• the applicant is not a regular claimant of the Tribunal nor did he or she contribute to the incident in which they were injured.

The Tribunal will consider the claim based on the material supplied by the applicant and obtained from other sources such as the police and hospitals. 

Tribunal Hearings:

The Tribunal will proceed to a hearing where:

• the applicant elects to have a hearing,
• he/she is seeking substantial amounts of loss of earnings or expenses
• the applicant has a criminal history.

The Tribunal must give the applicant reasonable notice of the time, date and place of the hearing.

Video Conferencing

Video Conferencing Facilities are available for those applicants who may be required to travel long distance or reside in remote areas.

Interpreters

The Tribunal may arrange for an interpreter if required.

The necessity for an interpreter should be indicated on the application form and confirmed in writing prior to the hearing date.