FNA v Commissioner of Victims’ Rights [2022] NSWCATAD 388

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FNA v Commissioner of Victims' Rights [2022] NSWCATAD 388 Hearing dates: 3 November 2022 Date of orders: 01 December 2022 Decision date: 01 December 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: 1. The application for an extension of time is refused. 2. The application is dismissed. Catchwords: ADMINISTRATIVE LAW – administrative review – Government information – request for administrative review of a decision regarding financial assistance – no jurisdiction – recognition payment – application filed out of time – extension of time – exercise of discretion – no reasonable excuse for delay – prospects of success Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Victims' Rights and Support Act 2013 (NSW) Cases Cited: AM v R (2012) 225 A Crim R 481 AMP General Insurance Ltd v Kull [2005] NSWCA 442 Gallo v Dawson (1990) 93 ALR 479; [1990] HCA 30 Haoui v R [2008] NSWCCA 209 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Molyneux v Chief Commissioner of State Revenue 91 ATR 599; [2012] NSWADTAP 53 Nanschild v Pratt [2011] NSWCA 85 R v Overall (1993) 71 A Crim R 170 Tomko v Palasty (No 2) (2007) 71 NSWLR 61; (2007) 71 NSWR 61; [2007] NSWCA 369 Texts Cited: None cited Category: Principal judgment Parties: FNA (Applicant) Commissioner for Victims' Rights (Respondent) Representation: Applicant (Self Represented) NSW Victims' Services (Respondent) File Number(s): 2022/00257522 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