FLR v Commissioner of Victims Rights [2022] NSWCATAD 402

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FLR v Commissioner of Victims Rights [2022] NSWCATAD 402 Hearing dates: 3 November 2022 Date of orders: 20 December 2022 Decision date: 20 December 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: 1. The decision of the Respondent dated 26 May 2022 is set aside and I make the following decision by way of substitution: (a) FLR is the primary victim of an act of violence that is a series of related acts. (b) I approve victims support in the sum of $4,000, representing a Category C recognition payment less a 20% reduction under s 44 of the Act. Catchwords: ADMINISTRATIVE LAW – administrative review –period of act of violence – whether application made within time – whether applicant was a victim of domestic violence - recognition payment – factors for reducing the amount of victims support approved under s 44 of the Victims Rights and Support Act 2013 (NSW) Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Mental Health Act 2007 (NSW) Private Health Facilities Act 2007 (NSW) Victims Rights and Support Act 2013 (NSW) Victims Support and Rehabilitation Act 1996 (NSW) Cases Cited: Fox v Percy (2003) 214 CLR 118 R v Butcher (1986) VR 43 Texts Cited: Meriam Webster Dictionary Cambridge Dictionary Macquarie Dictionary Category: Principal judgment Parties: FLR (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: Applicant (Self-represented) K Douch, Victims Services (Respondent) File Number(s): 2022/00186494 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