FCB v Commissioner of Victims Rights [2021] NSWCATAD 365

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FCB v Commissioner of Victims Rights [2021] NSWCATAD 365 Hearing dates: 3 December 2021 Date of orders: 10 December 2021 Decision date: 10 December 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: 1. Grant leave to FCB to file the application for administrative review pursuant to s 55(2)(b) of the Administrative Decisions Review Act 1997. 2. The decision of the Assessor dated 5 November 2020 is set aside and the following decision is made by way of substitution: a. FCB was the primary victim of an act of violence pursuant to ss 19 and 20 of the Victims Rights and Support Act 2013 (the Act). b. FCB is eligible for a recognition payment in the sum of $5,000 pursuant to s 35(3)(c) of the ACT and cl 14(d) of the Victims Rights and Support Regulation 2019 (the Regulation). Catchwords: ADMINISTRATIVE LAW – Victims rights and support - Recognition – assault – Failure to apply for internal review – Jurisdiction – Whether the applicant suffered grievous bodily harm Legislation Cited: Administrative Decisions Review Act 1997 Victims Rights and Support Act 2013 Victims Rights and Support Regulation 2019 Civil and Administrative Decisions Tribunal Act 2013 Privacy and Personal Information Protection Act 1998 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes Act 1900 (NSW) 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 CWS v NSW Department of Education [2017] NSWCATAD 287 at [15] Haoui v R (2008) 188 A Crim R 331; [2008] NSWCCA 209 Kooragang Cement Pty Ltd v Bates (1994) 1994 NSWCCR 796 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: Local Court Criminal Practice, New South Wales (at Service 34, May 2008, Marsic, Longville and Rattenbury (Authors), Dillon (Advisory editor) Category: Principal judgment Parties: FCB – Applicant Commissioner of Victims Rights – Respondent Representation: Counsel: