EPU v Commissioner of Victims Rights [2022] NSWCATAD 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EPU v Commissioner of Victims Rights [2022] NSWCATAD 3 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) The decision of the Respondent dated 14 October 2020 is set aside and I make the following decision by way of substitution: (a) EPU is a primary victim of an act of violence on the balance of probabilities for the purposes of ss 19 and 20 of the Act. (b) EPU was the victim of an assault resulting in grievous bodily harm and is eligible for a category C recognition payment under s 35(3)(c) of the Act and cl 14(d) of the Regulation; (c) I reduce the amount of recognition payment by 40% pursuant to ss 44(1)(d) and (e) of the Act and approve payment in the sum of $3,000. Catchwords: ADMINISTRATIVE LAW – Victims rights and support - Recognition – assault – Failure to apply for internal review – Jurisdiction – Whether the applicant suffered grievous bodily harm – factors for not approving the giving of victims support or reducing the amount of support approved Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Decisions Tribunal Act 2013 Victims Rights and Support Act 2013 Victims Rights and Support Regulation 2019 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 DZE v Commissioner of Victims Rights [2020] NSWCATAD 21 at [30]-[35] Girlock (Sales) Pty Ltd v Hurrell (1982) 149 CLR 155 at 161-162, 168.; [1982] HCA 15 Haoui v R (2008) 188 A Crim R 331; [2008] NSWCCA 209 Helton v Allen (1940) 63 CLR 691 at 712.; [1940] HCA 20 Jones v Dunkel (1959) 101 CLR 298 at 305; [1959] HCA 9 Malec v JC Hutton Pty Ltd (1990) 169 CLR 638 at 642-643; [1990] HCA 20 Nguyen v Cosmopolitan Homes [2008] NSWCA 246 at [44]-[48] West v Government Insurance Office of NSW (1981) 148 CLR 62 at 66.; [1981] HCA 38 Category: Principal judgment Parties: EPU (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: El Baba Lawyers (Applicant) Victims Services (Respondent) File Number(s): 2021/00075312 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