Thomas v Commissioner of Victims Rights [2022] NSWCATAD 177

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Thomas v Commissioner of Victims Rights [2022] NSWCATAD 177 Hearing dates: 27 May 2022 Date of orders: 31 May 2022 Decision date: 31 May 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: 1. Pursuant to s 67(2A) of the Victims Rights and Support Act, I vary the restitution order made by the respondent on 30 November 2021, such that the applicant is required to pay the sum of $2,086.37 to the respondent within 28 days of the date of this order. Catchwords: ADMINISTRATIVE LAW – merits review – Victims Rights and Support – whether all of the victims support directly resulted from a relevant offence – reasonableness of financial support - alleged financial hardship 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) 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 Category: Principal judgment Parties: Shannon Bruce Thomas (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: Applicant (Self-represented) P Srikanth, Victims Services (Respondent) File Number(s): 2022/00025165 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.