EJM v Commissioner of Victims Rights [2021] NSWCATAD 31

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EJM v Commissioner of Victims Rights [2021] NSWCATAD 31 Hearing dates: 5 February 2021 Date of orders: 12 February 2021 Decision date: 12 February 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: The decision of the respondent dated 5 June 2020 is affirmed. Catchwords: VICTIMS RIGHTS AND SUPPORT – administrative review – act of violence Legislation Cited: Victims Rights and Support Act 2013 Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Cases Cited: R v Butcher (1986) VR 43 Texts Cited: Macquarie Dictionary Category: Principal judgment Parties: EJM (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: EJM (Applicant) Victims Services (Respondent) File Number(s): 2020/00189422 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.

Judgment

REASONS FOR DECISION 1. These proceedings were commenced by an Application for Administrative Review ('the Application") filed on 26 June 2020, in which the applicant sought administrative review of a decision made by a delegate of the Respondent in respect of an Application for Victims Support. The applicant is known by the pseudonym 'EJM'.

Background

Application for Victims Support 1. On 16 March 2018, EJM lodged an Application for Counselling under the provisions of the Victims Rights and Support Act 2013 ("the Act"), which alleged that he was the primary victim of an act of violence in the nature of domestic/family violence that was perpetrated by a named offender on 17 February 2011, at Lakemba in New South Wales, as follows: One of the my-exfriend interfering into my family. Having a relationship before marriage and trying to have a baby during temporary residence. 1. On 16 March 2018, EJM also lodged an Application for Victims Support under the Act, in which he alleged that over a period of time from 2003 to 17 February 2011, in Fiji and Lakemba in New South Wales, he was the primary victim of an act of violence in the nature of sexual assault, which was perpetrated by the same named offender, as follows: Myself and ex-friend went to Fiji for prayer and check the application for spouse for fiancé (name provided) where he force to have sexual relationship. He interfering onto my family life, having a relationship before marriage and trying to have baby on temp visa. 1. EJM alleged that he tried to report these matters to Police on 17 February 2011, but NSW Police "did not want to know". However, he said that his fiancée then accused him of assaulting her and his ex-friend became her witness. He alleged that he suffered physical injury as a result of the alleged act of violence.