Lechminka v Commissioner of Victims Rights [2022] NSWCATAD 31

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lechminka v Commissioner of Victims Rights [2022] NSWCATAD 31 Hearing dates: 21 January 2022 Date of orders: 28 January 2022 Decision date: 28 January 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: 1. Pursuant to s 67(1)(a) of the Act, the original decision dated 26 August 2020 is reversed. 2. Pursuant to s 67(2A) of the Act, the restitution order is reversed. Catchwords: ADMINISTRATIVE LAW – merits review – Victims Rights and Support – restitution order against person convicted of relevant offence – restitution order reversed as it is not based on a relevant offence Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (Sentencing and Procedure) Act 1999 (NSW) Victims Rights and Support Act 2013 (NSW) Victims Rights and Support Regulation 2019 (NSW) Crimes Act 1900 Cases Cited: None Category: Principal judgment Parties: Raymond Lechminka – Applicant Commissioner of Victims Rights – Respondent Representation: Solicitors: R. Lechminka (Applicant in person) Victims Services (Respondent) File Number(s): 2021/00189897 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.