Chenery v Commissioner of Victims Rights [2022] NSWCATAD 1

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chenery v Commissioner of Victims Rights [2022] NSWCATAD 1 Hearing dates: 17 December 2021 Date of orders: 5 January 2022 Decision date: 05 January 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: 1. Pursuant to s 67(1) of the Victims Rights and Support Act 2013 (the Act), I confirm the original decision dated 16 July 2021. 2. Pursuant to s 67(2A) of the Act, I confirm the restitution order. 3. However, I reduce the amount payable under the restitution order to $8,347.40 pursuant to s 69 of the Act and I extend the time for payment to 21 June 2022. Catchwords: ADMINISTRATIVE LAW – merits review – Victims Rights and Support – restitution order against person convicted of relevant offence – alleged financial hardship Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Decisions Tribunal Act 2013 (NSW) Crimes (Sentencing and Procedure) Act 1999 (NSW) Fines Act 1996 (NSW) Victims Rights and Support Act 2013 (NSW) Victims Rights and Support Regulation 2013 (NSW) Cases Cited: Connor v R [2005] NSWCCA 431 Xiang v Commissioner of Victims Rights [2017] NSWCATAD 316 Clow v Commissioner of Victims Rights [2017] NSWCATAD 40 Kabir v Commissioner of Victims Rights [2015] NSWCATAD 172 Category: Principal judgment Parties: Matt Chenery (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: Applicant (Self-Represented) Victims Services (Respondent) File Number(s): 2021/00238161 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