Abouzeid v Commissioner of Victims Rights [2022] NSWCATAD 200

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Abouzeid v Commissioner of Victims Rights [2022] NSWCATAD 200 Hearing dates: 27 May 2022 Date of orders: 20 June 2022 Decision date: 20 June 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) (the Act), the restitution order dated 6 September 2021 is confirmed. 2. However, the restitution order is varied as follows: (a) The restitution sum is reduced to $5,000 pursuant to s 67(2A) of the Act; and (b) The restitution sum is payable within 90 days of the date of this decision. Catchwords: ADMINISTRATIVE LAW – merits review – Victims Rights and Support – restitution order against person convicted of relevant offence – reasonableness of victims support – applicant failed to discharge onus of proof Legislation Cited: Abortion Law Reform Act 2019 (NSW) 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) Crimes Act 1900 (NSW) Fines Act 1996 (NSW) Victims Rights and Support Act 2013 (NSW) Victims Rights and Support Regulation 2019 (NSW) Cases Cited: BQG v Commissioner of Victims Rights [2015] NSWCATAD 63 Director of Public Prosecutions v Smith [1961] AC 290; [1960] 2 All ER 450 EGM v Commissioner of Victims Rights [2020] NSWCATAD 181 Haoui v R (2008) 188 A Crim R 331 at [137], [160]; [2008] NSWCCA 209 Hawker v Commissioner of Victims Rights [2017] NSWCATAD 381 Sewell v Commissioner of Victims Rights [2017] NSWCATAD 44 Swan v R [2016] NSWCCA 79 at [54]-[63] Tran v Commissioner of Victims Rights [2021] NSWCATAD 43 at [36] Texts Cited: N/A Category: Principal judgment Parties: Tarek Abouzeid (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: Applicant (Self-represented) Victims Services (Respondent) File Number(s): 2022/00030616 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.