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The nature, severity, treatment and prognosis of any psychiatric disorder;

The nature, severity, treatment and prognosis of any personality disorder;

The presence of any medical condition;

The psychosocial consequences of the abuse;

The general adaptation and global level of functioning of the applicant, and

The loss of opportunity resulting from any of the above or from lack of appropriate education.

The report should also provide, where possible, a history of the pre-injury status of the applicant, and the impact of the abuse suffered by the applicant on his or her pre-existing condition.

The Board will need to be satisfied in respect of each of these matters that the “injuries” arose from, or are consistent with, the abuse suffered by the applicant.

The Board would also appreciate an opinion as to the relative severity of the applicant’s injuries.  The report should also address the nature and extent of any treatment to date and, where treatment is recommended, an outline of such treatment and the expected duration of such treatment.  If appropriate, an opinion on the applicant’s ability to manage his or her funds would be appreciated.  

It may be useful for the person writing the report to have regard to the definition of “abuse” set out in section 1(1) of the Act (for a summary of this definition see paragraph 12 above).

39.An applicant is not required to produce to the Board any evidence of negligence by an individual person or the employer of that person or by a public body.

40.Where an applicant fails to provide the Board with evidence of one or more of the matters listed in paragraph 36 above, the Board will so notify the applicant in writing, and no further consideration may be given to the application until that evidence has been received by the Board.

41.The written evidence in support of an application may take the form of one or more documents, and should normally be typewritten.  The Board will accept hand-written documents only if they are fully legible.  Where any supporting evidence is not legible in the opinion of the Board, it will be returned to the applicant and no further consideration may be given to the application until a legible statement has been received by the Board.

42.An applicant may also provide oral evidence in support of his or her application, and may be required to do so by the Board.  Where an applicant intends to call witnesses to give oral evidence, he or she must, as soon as possible after making the application, provide the Board with a list of those witnesses, together with an indication of the evidence which they will give.  The Board may not be able to arrange a hearing of the application until it has received this information.

43.For the purposes of establishing any of the matters listed in paragraph 36 above, the Board may, on its own behalf or if asked to do so by an applicant, request by notice in writing any person to produce to the Board and to the applicant any existing document in his or her possession, custody or control which relates to such matters.  Where the Board is asked by an applicant to make such a request, the Board will do so only where it is satisfied that the applicant has first made all reasonable efforts to obtain the document and that the document is strictly relevant to one or more of the matters raised in the application.

It is only in such cases that the powers of the Board can be relied on.  Requesting the Board to get for the applicant either information that can be obtained in the normal course or information which is needed for a purpose other than an application is outside the powers of the Board.

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