ELW v Commissioner of Victims Rights [2023] NSWCATAD 26

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ELW v Commissioner of Victims Rights [2023] NSWCATAD 26 Hearing dates: 3 November 2022, 18 November 2022, 20 January 2023 Date of orders: 3 February 2023 Decision date: 03 February 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: 1. The respondent's 26 July 2022 decision is set aside and I make the following decision in substitution. 2. ELW is eligible for a category C recognition payment in the sum of $5,000. Catchwords: ADMINISTRATIVE LAW – administrative review – Victims rights and support – recognition payment - Grievous bodily harm or actual bodily harm Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Victims Rights and Support Act 2013 (NSW Cases Cited: BWL v Commissioner of Victims Rights [2015] NSWCATAD 235 BXB v Commissioner of Victims Rights [2015] NSWCATAD 173 CRT v Commissioner of Victims Rights [2017] NSWCATAD 174 CZU v Commissioner of Victims Rights [2017] NSWCATAD 240 EMT v Commissioner of Victims Rights [2021] NSWCATAD 39 Shu Qiang Li v R [2005] NSWCCA 442 State Transit Authority of New South Wales v Chemler [2007] NSWCA 249 Texts Cited: Nil Category: Principal judgment Parties: ELW (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: Applicant (Self-Represented) Victims Services (Respondent) File Number(s): 2022/00226964 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