FGY v Commissioner of Victims Rights [2022] NSWCATAD 223

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FGY v Commissioner of Victims Rights [2022] NSWCATAD 223 Hearing dates: 26 May 2022 Date of orders: 5 July 2022 Decision date: 05 July 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: The decision of the Senior Assessor dated 21 December 2021 is affirmed. Catchwords: ADMINISTRATIVE LAW – Victims rights and support – Recognition – Grievous Bodily Harm – No evidence of report of sexual assault Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Victims Rights and Support Act 2013 (NSW) Victims Rights and Support Regulation 2019 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: FGY (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: Applicant (Self-represented) Victims Services (Respondent) File Number(s): 2022/00015956 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

REASONS FOR DECISION

Background 1. These proceedings relate to a claim for victims support and a recognition payment lodged by the applicant known by the pseudonym FGY initially before the Commissioner of Victims Rights ("the Respondent"). 2. The application was lodged under the provisions of the Victims Rights and Support Act 2013 (NSW) (the Act) on 5 July 2021, and alleged that she was the primary victim of domestic/family violence that was committed over a period of time from 1 May 2019 to 26 June 2021 at Pyrmont, in New South Wales, and that she suffered both physical and psychological injuries as a result. The application claimed counselling, financial assistance for immediate needs and a recognition payment. 3. FGY stated that she reported the act of domestic violence to Police on 26 June 2021 and that the matter went to Court.