Tribunal rejects compensation bid after backyard brawl
A CENTRAL Queensland woman who instigated a violent backyard brawl has had her bid for compensation rejected.
The woman, who cannot be identified in order to protect her alleged victim's identity, applied to Victim Assist Queensland in 2013 for compensation claiming she was the victim not the perpetrator in the incident that occurred on June 19, 2011.
Her application was rejected.
The woman took her fight to the Queensland Civil and Administrative Tribunal in a bid to have Victim Assist Queensland's decision overturned.
The tribunal heard the evidence between the two women involved in the fight and the men supporting them differed substantially.
Each of the women, who gave evidence at the hearing last month, accused the other of starting the fight and their respective partners backed up their version of the story.
The tribunal heard that after a police investigation into the incident they decided not to pursue with a prosecution because there was insufficient independent evidence which could separate the two versions of events.
Queensland Civil and Administrative Tribunal member Susan Gardiner, in dismissing the woman's application, said her recollection was coloured by events that have happened since the fight.
She found that on the balance of probability the woman instigated the fight and the other woman was acting in self-defence.
Ms Gardiner also found that because she believed the woman instigated the fight she was therefore involved in a criminal act at the time, namely assault, it immediately rendered any claim for compensation void.
She ordered the initial Victim Assist Queensland decision on November 21, 2013, remain.