FFI v Commissioner of Victims Rights [2023] NSWCATAD 92

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FFI v Commissioner of Victims Rights [2023] NSWCATAD 92 Hearing dates: 31 March 2023 Date of orders: 21 April 2023 Decision date: 21 April 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer Senior Member Decision: (1) The decision of the respondent of 28 July 2022 is set aside. (2) In substitution of that decision FFI is found to be the victim of an act of violence within the meaning of s 19 of the Victims Rights and Support Act 2013. (3) The matter is listed for directions before the Tribunal on 26 May 2023 at 9:30am to determine the future conduct of the proceedings. Catchwords: Victims Support – Administrative law – act of violence – whether evidence satisfied elements of act of violence – whether evidence established on balance of probabilities as an act or series of related acts - whether medical evidence verifies injury– sufficiency of evidence Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Crimes (Administration of Sentences) Act 1999 Crimes (Administration of Sentences) Regulation 2014 Victims Rights and Support Act 2013 Victims Support and Rehabilitation Act 1996 (repealed) Victims Support and Rehabilitation Regulation 2019 Cases Cited: Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 DZE v Commissioner of Victims Rights [2020] NSWCATAD 21 Harvey v Victims Compensation Tribunal & Anor [2001] NSWSC 604 R v Donovan [1934] 2 KB 498 Victims Compensation Fund Corporation v Brown [2003] HCA 54 Texts Cited: Nil Category: Principal judgment Parties: 'FFI' – Applicant Commissioner of Victims Rights - Respondent Representation: Counsel: T Bagley (Applicant)