A young Illawarra woman facing a terminal illness has successfully appealed a decision to deny her victim's compensation after a violent assault by her brother left her with a fractured hip.
A Violent Assault and a Hidden Injury
In September 2023, the woman, who is in her mid-30s, was assaulted in her own home. Her brother hit her, pushed her, and spat on her during the incident. The attack resulted in a serious hip fracture that later required surgery.
While police were notified of the assault, the woman did not initially report the hip pain. She explained that due to her cancer and its treatments, she regularly experienced both pain and numbness, making it difficult to identify the new injury. When the pain became unbearable days later, she went to hospital but denied the injury was caused by trauma or a fall because she did not want to get her brother into further trouble.
The Initial Rejection and Legal Fight
In May 2024, the woman applied for victims support through NSW Victims Services. An assessor refused her application, citing a lack of medical evidence directly linking the fracture to the assault. The woman then sought help from the Illawarra Legal Centre, which lodged an appeal with the NSW Civil and Administrative Tribunal (NCAT).
Her solicitor argued that police records and an apprehended violence order granted days after the assault were sufficient evidence. They also submitted that the tribunal could infer from hospital records that the assault caused both the physical injury and psychological distress.
Victims Services maintained its position, arguing the woman had not provided necessary evidence and noting she waited three days for medical help. They suggested her pre-existing health condition could have caused the fracture.
Tribunal Overturns Decision, Awards Payment
In a decision handed down in December 2025, Senior Tribunal Member Dr Frances Simmons found in the woman's favour. Dr Simmons stated there was no medical evidence to suggest the injury was caused by her pre-existing condition and accepted her explanation for not disclosing the assault at the hospital.
The tribunal accepted that the medical records were consistent with her claim and was satisfied she was injured as a result of a domestic violence assault. NCAT found the woman entitled to a recognition payment of $5000 for suffering grievous bodily harm.
The Illawarra Legal Centre said its client was happy to have achieved justice. The woman plans to use the funds to create memories with her children and help pay for her funeral.
Support is available for those who may be distressed. Phone Lifeline 13 11 14; 1800RESPECT 1800 737 732; Men's Referral Service 1300 776 491.
