FFL v Commissioner of Victims Rights [2022] NSWCATAD 107

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FFL v Commissioner of Victims Rights [2022] NSWCATAD 107 Hearing dates: 18 March 2022 Date of orders: 28 March 2022 Decision date: 28 March 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: The decision of the Assessor dated 16 June 2021 is affirmed. Catchwords: ADMINISTRATIVE LAW – Victims rights and support - Failure to apply for internal review – Jurisdiction – Extension of time - Recognition payment – sexual assault Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Decisions Tribunal Act 2013 Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Victims Rights and Support Act 2013 (NSW) Victims Rights and Support Regulation 2019 (NSW) Cases Cited: AM v R (2012) 225 A Crim R 481; [2012] NSWCCA 203 BDJ v Victims Compensation Fund Corporation (No 2) [2014] NSWCATAD 187 BJR v R 185 A Crim R 360; [2008] NSWCCA 43 CWS v NSW Department of Education [2017] NSWCATAD 287 at [15] FCB v Commissioner of Victims Rights [2021] NSWCATAD 365 Haoui v R (2008) 188 A Crim R 331; [2008] NSWCCA 209 Kooragang Cement Pty Ltd v Bates (1994) 1994 NSWCCR 796 R v Overall (1993) 71 A Crim R 170 at 173 R v Remilton [2001] NSWCCA 546 R v Shannon [2003] NSWCCA 106 R v Sumeo [2002] NSWCCA 271 R v Williams [2005] NSWCCA 14 R v Woodland (2007) 48 MVR 360; [2007] NSWCCA 29 at [35] Shu Qiang Li v The Queen [2005] NSWCCA 442 Singh v Director of Public Prosecutions (NSW) (2006) 164 A Crim R 284; [2006] NSWCCA 333 Vann v Palmer [2001] ACTSC 12 Category: Principal judgment Parties: FFL (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: FFL (Applicant self-represented) Victims Services Legal (Respondent) File Number(s): 2021/00322213 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