ERU v Commissioner of Victims Rights [2021] NSWCATAD 312

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ERU v Commissioner of Victims Rights [2021] NSWCATAD 312 Hearing dates: 1 October 2021 Date of orders: 28 October 2021 Decision date: 28 October 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: (1) The decision under review is set aside. (2) In substitution I make the following decision: a. ERU was the primary victim of an act of violence pursuant to ss 19 and 20 of the Victims Rights and Support Act 2013 (NSW) (the Act). b. ERU is eligible for a Category C recognition payment in the sum of $5,000 under s 35(2)(b) of the Act and cl 14(d) of the Victims Rights and Support Regulation 2019 (NSW), as she was the victim of assault resulting in grievous bodily harm. Catchwords: VICTIMS RIGHTS AND SUPPORT – administrative review – act of violence - series of related acts – grievous bodily harm Legislation Cited: Victims Rights and Support Act 2013 (NSW) Victims Rights and Support Regulation 2019 (NSW) Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: AM v R [2012] NSWCCA 203 BJR v R [2008] NSWCCA 43 BWL v Commissioner of Victims Rights [2015] NSWCATAD 235 BWQ v Commissioner of Victims Rights [2015] NSWCATAD 197 Casey v Pel-Air Aviation Pty Ltd; Helm v Pel-Air Aviation Pty Ltd [2015] NSWSC 566 DKJ v Commissioner of Victims Rights [2018] NSWCATAD 270 Haoui v R [2008] NSWCCA 209 R v Donovan [1934] 2 KB 498 R v Overall (1993) 71 A Crim R 170 R v Remilton [2001] NSWCCA 546 R v Shannon [2003] NSWCCA 106 R v Sumeo [2002] NSWCCA 271 R v Williams [2005] NSWCCA 14 9 Feb 2005 R v Woodland [2007] NSWCCA 29 Singh v Director of Public Prosecutions (NSW) [2006] NSWCCA 333 State Transit Authority of New South Wales v Chemler [2007] NSWCA 249 Vann v Palmer [2001] ACTSC 12 Haoui v Regina [2008] NSWCCA 209 Texts Cited: Local Court Criminal Practice, New South Wales (as at Service 34, May 2008, Marsic, Longville and Rattenbury (Authors), Dillon (Advisory editor) Category: Principal judgment Parties: ERU (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: Elizabeth Evatt Community Legal Centre (Applicant) Victims Services (Respondent) File Number(s): 2021/00186622 Publication restriction: A non-publication Order is made under s 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW) in respect of the names of private individuals, and other information which might identify them.