FPJ v Commissioner of Victims Rights [2023] NSWCATAD 95

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FPJ v Commissioner of Victims Rights [2023] NSWCATAD 95 Hearing dates: On the papers Date of orders: 9 May 2023 Decision date: 09 May 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: 1. The decision of the Senior Assessor dated 14 October 2022 is set aside and I make the following decision by way of substitution. 2. FPJ 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) Crimes Act 1900 (NSW) Victims Rights and Support Act 2013 (NSW) Cases Cited: BMF v Commissioner of Victims Rights [2016] NSWCATAD 54 BWL v Commissioner of Victims Rights [2015] NSWCATAD 235 BWQ v Commissioner of Victims Rights [2015] NSWCATAD 197 BXB v Commissioner for 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 FNA v Commissioner of Victims' Rights [2022] NSWCATAD 388 Haoui v R (2008) 188 A Crim R 331; [2008] NSWCCA 209 Shu Qiang Li v The Queen [2005] NSWCCA 442 State Transit Authority of New South Wales v Fritzi Chemler [2007] NSWCA 249 Texts Cited: None Category: Principal judgment Parties: FPJ (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: Lander & Rogers Solicitors (Applicant) Victims Services (Respondent) File Number(s): 2022/00337099 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