EJZ v Commissioner of Victims Rights [2020] NSWCATAD 279

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EJZ v Commissioner of Victims Rights [2020] NSWCATAD 279 Hearing dates: 6 November 2020 Date of orders: 11 November 2020 Decision date: 11 November 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: (1) EJZ is the primary victim of an act of violence for the purposes of ss 19 and 20 of the Act. (2) The respondent's decision dated 27 April 2020 is set aside. (3) The matter is remitted to the respondent for determination of the application for victims support in accordance with these reasons. Catchwords: VICTIMS RIGHTS AND SUPPORT – Administrative review – Time limits for an application for victims support – Whether application for victims support was duly made within time limits - Act of violence Legislation Cited: Victims Rights and Support Act 2013 Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 (No. 2) Interpretation Act 1987 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: EJL v Commissioner of Victims Rights [2020] NSWCATAD 229 CKP v Commissioner of Victims Rights [2016] NSWCATAD 108 Northumbrian Ice Cream Co Ltd v Breakaway Vending Pty Ltd [2006] NSWSC 1216 Reid v Taylor [1929] 46 WN (NSW) 171 Bushby v Mackenzie 19 SR (NSW) 104 Texts Cited: None cited Category: Principal judgment Parties: EJZ (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: Meliora Legal Services (Applicant) Victims Services (Respondent) File Number(s): 2020/00223546 Publication restriction: A non-publication Order is made under s 64 (1) of the Civil and Administrative Tribunal Act 2013 (No. 2) (NSW) in respect of the names of private individuals, and other information which might identify them.