FFR v Commissioner of Victims Rights [2022] NSWCATAD 103

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FFR v Commissioner of Victims Rights [2022] NSWCATAD 103 Hearing dates: 18 March 2022 Date of orders: 24 March 2022 Decision date: 24 March 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: The decision of the respondent dated 3 November 2021 is affirmed. Catchwords: VICTIMS SUPPORT – merits review – act of violence –clear intention of Parliament to exclude claims where injury arises from loss or damage to property Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Victims Rights and Support Act 2013 Cases Cited: Project Blue Sky v Australian Broadcasting Authority (1988) 194 CLR 255 R v Butcher (1986) VR 43 Texts Cited: Macquarie Dictionary Category: Principal judgment Parties: FFR (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: FFR (Applicant in person) P Srikanth, Victims Services (Respondent) File Number(s): 2021/00327162 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

REASONS FOR DECISION

Background 1. On 17 November 2021, the applicant (known as "FFR") filed an Application for Administrative Review with the Tribunal, seeking review of the respondent's decision dated 3 November 2021. 2. The application for administrative review asserted that FFR's car was destroyed by fire, which was proven as an act of arson, and that NSW Police had advised her that this was covered by victims compensation. She stated that this incident had severely impacted her.