FHO v Commissioner of Victims Rights [2022] NSWCATAD 268

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FHO v Commissioner of Victims Rights [2022] NSWCATAD 268 Hearing dates: 29 July 2022 Date of orders: 16 August 2022 Decision date: 16 August 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: (1) I extend the time for filing the application for administrative review to the date it was filed. (2) FHO is not eligible for victims support with respect to any physical injuries allegedly suffered during the period from 31 December 2007 to 30 May 2010 because his application was lodged out of time. (3) The decision dated 11 March 2020 is affirmed. Catchwords: ADMINISTRATIVE LAW – merits review - Victims Rights and Support - Whether act of violence established on the balance of probabilities – time limits for applying for victims support Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Decisions Tribunal Act 2013 (NSW) Court Security Act 2005 (NSW) Victims Rights and Support Act 2013 (NSW) Victims Rights and Support Regulation 2019 (NSW) Cases Cited: DSK v Commissioner of Victims Rights [2019] NSWCATAD 170 BFV v Commissioner of Victims Rights [2014] NSWCATAD 170 BYZ v Commissioner of Victims Rights [2014] NSWCATAD 168 Nguyen v Cosmopolitan Homes [2008] NSWCA 246 at [44]. Texts Cited: None Category: Principal judgment Parties: FHO (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: Applicant (Self Represented) Victims Services (Respondent) File Number(s): 2022/00047237 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.