FKW v Commissioner of Victims Rights [2022] NSWCATAD 337

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FKW v Commissioner of Victims Rights [2022] NSWCATAD 337 Hearing dates: 23 September 2022 Date of orders: 20 October 2022 Decision date: 20 October 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: 1. The decision of the Senior Assessor dated 23 March 2022 is set aside and I make the following decision by way of substitution: (a) The applicant is eligible for a category C recognition payment in the sum of $5,000. Catchwords: ADMINISTRATIVE LAW – Victims rights and support – Recognition – Egg-shell psyche - Grievous bodily harm Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (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 BMF v Commissioner of Victims Rights [2016] NSWCATAD 54 BMF v Commissioner of Victims Rights [2016] NSWCATAD 144 BWL v Commissioner of Victims Rights [2015] NSWCATAD 235 BWQ v Commissioner of Victims Rights [2015] NSWCATAD 197 CRT v Commissioner of Victims Rights [2017] NSWCATAD 174 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; [2008] NSWCCA 209 R v Kama (2000) 110 A Crim R 47 R v Overall (1993) 71 A Crim R 170 at 173 State Transit Authority of New South Wales v Fritzi Chemler (2007) 5 DDCR 287; [2007] NSWCA 249 Victims Compensation Fund Corporation v Brown [2003] HCA 54 Texts Cited: None Category: Principal judgment Parties: FKW (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: Women's Legal Services (Applicant) Victims Services (Respondent) File Number(s): 2022/00122488 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