FDT v Commissioner of Victims Rights [2022] NSWCATAD 155

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FDT v Commissioner of Victims Rights [2022] NSWCATAD 155 Hearing dates: 18 February 2022 Date of orders: 18 May 2022 Decision date: 18 May 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The decision of the respondent of 21 May 2021 is set aside. (2) In substitution of that decision FDT is awarded a Category B recognition payment in accordance with s 35 (2) (b) and s 36 (1) (c ) of the Victims Rights and Support Act 2013. Catchwords: VICTIMS Support – Administrative law – act of violence – whether evidence satisfied elements of act of violence – whether evidence established on balance of probabilities as series of related acts - whether medical evidence verifies injury–- sufficiency of evidence - whether applicant primary victim of act of violence being a series of related acts Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Crimes Act 1900 Victims Rights and Support Act 2013 Victims Support and Rehabilitation Act 1996 (repealed) Victims Support and Rehabilitation Regulation 2019 Cases Cited: BDJ v Victims Compensation Fund Corporation (No 2) [2014] NSWCATAD 137 BMF v Commissioner of Victims Rights [2016] NSWCATAD 144 CRT v Commissioner of Victims Rights [2017] NSWCATAD 174 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 Fleming v White [1981] 2 NSWLR 719 Harvey v Victims Compensation Tribunal & Anor [2001] NSWSC 604 R v Donovan [1934] 2 KB 498 Victims Compensation Fund Corporation v Brown [2003] HCA 54 Victims Compensation Fund Corporation v GM and 5 Ors [2004] NSWCA Texts Cited: Macquarie Dictionary (3rd Edition) Category: Principal judgment Parties: FDT (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: Women's Legal Service NSW (Applicant) Victims Services Legal (Respondent File Number(s): 2021/00296963 Publication restriction: S 64 (1) of the Civil and Administrative Tribunal Act 2013 applies to the identity of the applicant.