FJE v Commissioner of Victims Rights [2022] NSWCATAD 323

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FJE v Commissioner of Victims Rights [2022] NSWCATAD 323 Hearing dates: 29 July 2022 Date of orders: 4 October 2022 Decision date: 04 October 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: 1. The respondent's decision dated 25 January 2022 is set aside and I make the following decision by way of substitution. 2. FJE is a primary victim of an act of violence on the balance of probabilities for the purposes of ss 19 and 20 of the Victims Rights and Support Act 2013 (NSW). 3. FJE was the victim of domestic violence resulting in grievous bodily harm and is eligible for a Category C recognition payment under s 35(3)(c) of the Victims Rights and Support Act 2013 and cl 14(d) of the Victims Rights and Support Regulation 2019 (NSW). Catchwords: ADMINISTRATIVE LAW – Victims rights and support – Recognition – Grievous bodily harm Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Victims Rights and Support Act 2013 (NSW) Victims Rights and Support Regulation 2019 (NSW) Cases Cited: AM v R (2012) 225 A Crim R 481; [2012] NSWCCA 203 BXB v Commissioner for Victims Rights [2015] NSWCATAD 173 CZU v Commissioner of Victims Rights [2017] NSWCATAD 240 EMT v Commissioner of Victims Rights [2021] NSWCATAD 39 Haoui v R (2008) 188 A Crim R 331; [2008] NSWCCA 209 R v Overall (1993) 71 A Crim R 170 Shu Qiang Li v The Queen [2005] NSWCCA 442 Category: Principal judgment Parties: FJE (Applicant) Commissioner of Victims Rights (Respondent) Representation: Applicant (self-represented K Douch, Victims Services (Respondent) File Number(s): 2022/00091337 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