EJY v Commissioner of Victims Rights [2020] NSWCATAD 285

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EJY v Commissioner of Victims Rights [2020] NSWCATAD 285 Hearing dates: 6 November 2020 Date of orders: 17 November 2020 Decision date: 17 November 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: (1) The decision of the respondent dated 7 July 2020 is set aside and the following decision is made in substitution. (2) The applicant is eligible for a Category C Recognition Payment in the amount of $5,000 for an assault resulting in grievous bodily harm; (3) The application is otherwise withdrawn and dismissed. Catchwords: VICTIMS RIGHTS AND SUPPORT – administrative review – act of violence - grievous bodily harm Legislation Cited: Victims Rights and Support Act 2013 Victims Rights and Support Regulation 2013 Administrative Decisions Review Act 1997 Crimes Act 1900 Civil and Administrative Tribunal Act 2013 Cases Cited: AM v R (2012) 225 A Crim R 481; [2012] NSWCCA 203 BJR v R 185 A Crim R 360; [2008] NSWCCA 43 BWL v Commissioner of Victims Rights [2015] NSWCATAD 235 CNB v Commissioner of Victims Rights [2020] NSWCATAD 31 Haoui v R (2008) 188 A Crim R 331; [2008] NSWCCA 209 R v Donovan [1934] 2 KB 498 at 509 R v Overall (1993) 71 A Crim R 170 at 173 R v Remilton [2001] NSWCCA 546 R v Shannon [2003] NSWCCA 106 R v Sumeo [2002] NSWCCA 271 R v Williams [2005] NSWCCA 14 R v Woodland (2007) 48 MVR 360; [2007] NSWCCA 29 at [35] Singh v Director of Public Prosecutions (NSW) (2006) 164 A Crim R 284; [2006] NSWCCA 333 Vann v Palmer [2001] ACTSC 12 Texts Cited: None cited Category: Principal judgment Parties: EJY (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: EJY (Applicant) Victims Services (Respondent) File Number(s): 2020/00220256 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.