FPD v Commissioner of Victims’ Rights [2023] NSWCATAD 54

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FPD v Commissioner of Victims' Rights [2023] NSWCATAD 54 Hearing dates: 17 February 2023 Date of orders: 13 March 2023 Decision date: 13 March 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: (1) The respondent's decision dated 7 October 2022 is set aside and I make the following decision by way of substitution: (a) FPD was the primary victim of an act of violence as defined by ss 19 and 20 of the Act on the balance of probabilities; and (b) FPD is eligible for a category D recognition payment in the sum of $1,500. Catchwords: ADMINISTRATIVE LAW – administrative review – Victims rights and support – act of violence – fresh evidence – application to re-open matter after decision reserved - recognition payment. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Act 2013 (NSW) Victims' Rights and Support Act 2013 (NSW) Cases Cited: None cited Texts Cited: None cited Category: Principal judgment Parties: FPD (Applicant) Commissioner of Victims' Rights (Respondent) Representation: Applicant (Self Represented) K Douch, Victims' Services, Department of Communities and Justice (Respondent) File Number(s): 2022./00333516 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