FGD v Commissioner of Victims Rights [2022] NSWCATAD 118

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FGD v Commissioner of Victims Rights [2022] NSWCATAD 118 Hearing dates: 25 March 2022 Date of orders: 11 April 2022 Decision date: 11 April 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: 1. The decision of the respondent dated 29 September 2021 is set aside and I make the following decision by way of substitution: a. FGD 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. FGD was the victim of domestic violence 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. Catchwords: ADMINISTRATIVE LAW – Victims rights and support – Recognition – Grievous bodily harm Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Decisions Tribunal Act 2013 (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 BJR v R 185 A Crim R 360; [2008] NSWCCA 43 BXB v Commissioner for Victims Rights [2015] NSWCATAD 173 EMT v Commissioner of Victims Rights [2021] NSWCATAD 39 Haoui v R (2008) 188 A Crim R 331; [2008] NSWCCA 209 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] Singh v Director of Public Prosecutions (NSW) (2006) 164 A Crim R 284; [2006] NSWCCA 333 Vann v Palmer [2001] ACTSC 12 Texts Cited: None cited Category: Principal judgment Parties: FGD (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: Applicant (self-represent) Victims Services (Respondent) File Number(s): 2021/00346978 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