Roth v Commissioner of Victims Rights [2022] NSWCATAD 123

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Roth v Commissioner of Victims Rights [2022] NSWCATAD 123 Hearing dates: 25 March 2022 Date of orders: 12 April 2022 Decision date: 12 April 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: 1. Pursuant to s 67(1)(a) of the Victims Rights and Support Act 2013 (NSW), I confirm the order made by the respondent on 7 October 2021, which requires the applicant to make restitution in the sum of $21,000. 2. However, I vary the order dated 7 October 2021 to allow the applicant time to pay comprising a period of six (6) months from the date of this decision. Catchwords: ADMINISTRATIVE LAW – merits review – Victims Rights and Support – restitution order against person convicted of relevant offence – alleged financial hardship – applicant failed to discharge onus of proof Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Decisions Tribunal Act 2013 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (Sentencing and Procedure) Act 1999 (NSW) Fines Act 1996 (NSW) Victims Rights and Support Act 2013 (NSW) Victims Rights and Support Regulation 2019 (NSW) Workers Compensation Act 1987 (NSW) Cases Cited: Connor v R (2005) 158 A Crim R 389; [2005] NSWCCA 431 at [41] Kabir v Commissioner of Victims Rights [2015] NSWCATAD 172 Texts Cited: None cited Category: Principal judgment Parties: Nick Roth (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: Applicant (self-represented) P Srikanth, Victims Services (Respondent) File Number(s): 2021/00320421 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.