FCF v Commissioner of Victims Rights [2021] NSWCATAD 373

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FCF v Commissioner of Victims Rights [2021] NSWCATAD 373 Hearing dates: 3 December 2021 Date of orders: 16 December 2021 Decision date: 16 December 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: 1. Pursuant to s 41 of the Civil and Administrative Tribunal Act 2013, I extend the time for filing the application for administrative review to the date it was filed. 2. Pursuant to s 63(3)(a) of the Administrative Decisions Review Act 1997, the decision of the Assessor dated 20 May 2020 is affirmed. Catchwords: ADMINISTRATIVE LAW – Victims rights and support – Recognition – Failure to determine application for internal review within time – Deemed refusal – Act of violence – Onus of proof – Perception – Act of violence not established on the balance of probabilities Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Decisions Tribunal Act 2013 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Mental Health Act 2007 (NSW) Victims Rights and Support Act 2013 (NSW) Victims Rights and Support Regulation 2013 (NSW) Workers Compensation Act 1987 (NSW) Cases Cited: State Transit Authority of New South Wales v Fritzi Chemler (2007) 5 DDCR 287; [2007] NSWCA 249 Category: Principal judgment Parties: FCF – Applicant Commissioner of Victims Rights – Respondent Representation: Counsel:

Solicitors: FCF (Applicant self-represented) Victims Services (Respondent) File Number(s): 2021/00233492 Publication restriction: Section 64 (1) Civil and Administrative Tribunal Act 2013 – Restriction on publication of information that will identify any victims or evidence given and received in this Tribunal hearing or in relation to the proceedings which is likely to identify those persons