EJF v Commissioner of Victims Rights [2021] NSWCATAD 168

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EJF v Commissioner of Victims Rights [2021] NSWCATAD 168 Hearing dates: 15 January 2021, 5 March 2021 and on the papers (Submissions closed 9 April 2021) Date of orders: 16 June 2021 Decision date: 16 June 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer Senior Member Decision: 1. In proceedings 2020/00173534 time to lodge the application is extended to 11 June 2020 pursuant to s 41 (1) of the Civil and Administrative Tribunal Act 2013. The decision of the respondent of 15 August 2019 is affirmed. 2. In proceedings 2020/00173545 time to lodge the application is extended to 11 June 2020 pursuant to s 41 (1) of the Civil and Administrative Tribunal Act 2013. The decision of the respondent of 15 August 2019 is set aside. In substitution of that decision the applicant is eligible for a Category B recognition payment in accordance with s 35 (2) (a) and s 36 (1) (c ) of the Victims Rights and Support Act 2013. 3. In proceedings 2020/00173560 time to lodge the application is extended to 11 June 2020 pursuant to s 41 (1) of the Civil and Administrative Tribunal Act 2013. The decision of the respondent of 15 August 2019 is affirmed. 4. In proceedings 2020/00173589 time to lodge the application is extended to 11 June 2020 pursuant to s 41 (1) of the Civil and Administrative Tribunal Act 2013. The decision of the respondent of 15 August 2019 is affirmed. 5. In proceedings 2020/00185383 the decision of the respondent of 19 June 2020 is affirmed. Catchwords: VICTIMS SUPPORT– Administrative law – act of violence – whether evidence satisfied elements of act of violence – whether medical evidence verifies injury–- sufficiency of evidence - whether applicant primary victim of act of violence – whether evidence established on balance of probabilities Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Crimes Act 1900 Mental Health Act 1990 (repealed) Victims Rights and Support Act 2013 Victims Support and Rehabilitation Act 1996 (repealed) Victims Support and Rehabilitation Regulation 2019 Cases Cited: BMF v Commissioner of Victims Rights [2016] NSWCATAD 144 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 R v Donovan [1934] 2 KB 498 Victims Compensation Fund Corporation v GM and 5 Ors [2004] NSWCA 185 Victims Compensation Fund Corporation v Brown [2003] HCA 54 Texts Cited: Nil Category: Principal judgment Parties: EJF (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: Applicant (Self-Represented) P Srikanth, Victim Services (Respondent) File Number(s): 2020/00173534 2020/00173545 2020/00173560 2020/00173589 2020/00185383 Publication restriction: S 64 (1) of the Civil and Administrative Tribunal Act 2013 applies to the identity of the applicant.