FLI v Commissioner of Victims Rights [2022] NSWCATAD 281

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FLI v Commissioner of Victims Rights [2022] NSWCATAD 281 Hearing dates: 7 October 2022 Date of orders: 13 December 2022 Decision date: 13 December 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) Pursuant to s 52 (2) of the Administrative Decisions Review Act 1997, I order the Commissioner as administrator to provide an adequate statement of reasons in accordance with the requirements of s 49 (3) of that Act within 28 days of the date of publication of these reasons for decision. Catchwords: ADMINISTRATIVE LAW – Victims Support- administrative review – whether administratively reviewable decision – whether ADR Act applies to decision of assessor – administrative review in absence of internal review - whether statement of reasons sufficient – whether request made within a reasonable time – adequacy of reasons – sufficiency of reasons – reasoning of decision maker- beneficial legislation Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Interpretation Act 1987 Victims Rights and Support Act 2013 Cases Cited: Anthony Horden and Sons v Amalgamated Clothing and Allied Trades Union of Australia (1932) 47 CLR 1 Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 BXB v Commissioner for Victims Rights [2015] NSWCATAD 173 BWL v Commissioner of Victims Rights [2016] NSWCATAD 242 CQP v Commissioner of Victims Rights [2016] NSWCATAD 202 FCB c Commissioner of Victims Rights [2021] NSWCATAD 365 a Project Blue Sky v Australian Broadcasting Authority (1998) HCA 28 Soulemezis v Dudley Holdings (Pty Ltd) (1987) 10 NSWLR 247 Victims Compensation Fund Corporation v Brown [2003] HCA 54 White v Sutherland Shire Council [21019] NSWCATAD 100 a Category: Principal judgment Parties: FLI (Applicant) Commissioner of Victims Rights (Respondent) Representation: Counsel: M Varley (Applicant)