Hofer v Commissioner of Victims Rights [2022] NSWCATAD 258

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hofer v Commissioner of Victims Rights [2022] NSWCATAD 258 Hearing dates: 15 July 2022 Date of orders: 3 August 2022 Decision date: 03 August 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: 1. The decision dated 15 February 2019 is confirmed under s 67(1) of the Act; 2. The Order for restitution in the sum of $5,000 is confirmed under s 67(2A) of the Act; and 3. 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 – restitution order affirmed Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Decisions Tribunal Act 2013 (NSW) Crimes (Administration of Sentences) Act 1999 (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: Clow v Commissioner of Victims Rights [2017] NSWCATAD 40 at [39] Connor v R (2005) 158 A Crim R 389; [2005] NSWCCA 431 at [41] Hofer v The Queen (2021) 95 ALJR 937; (2021) 395 ALR 1; (2021) 291 A Crim R 114; [2021] HCA 36 Kabir v Commissioner of Victims Rights [2015] NSWCATAD 172 Sewell v Commissioner of Victims Rights [2017] NSWCATAD 44 at [37] Singh v Commissioner of Victims Rights [2017] NSWCATAD 135 at [41] Texts Cited: none Category: Principal judgment Parties: Thomas Hofer (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: Applicant (Self-represented) Victims Services (Respondent) File Number(s): 2021/00233670 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.