FRL v Commissioner of Victims Rights [2023] NSWCATAD 131

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FRL v Commissioner of Victims Rights [2023] NSWCATAD 131 Hearing dates: 12 May 2023 Date of orders: 01 June 2023 Decision date: 01 June 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: 1. The respondent's decision dated 15 November 2022 is set aside and by way of substitution, I determine that: a. FLR is eligible for victims support; b. FLR is the primary victim of an act of violence, which is a series of related acts of violence. 2. The matter is remitted to the respondent for reconsideration pursuant to s 65(1) of the Administrative Decisions Review Act 1997 (NSW) according to law. 3. I order that the matter be listed for directions, on a date to be fixed by the Registrar which is not less than three (3) months from the date of this decision. Catchwords: ADMINISTRATIVE LAW – administrative review – Victims rights and support – eligibility for victims support Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Criminal Procedure Act 1986 (NSW) Victims Rights and Support Act 2013 (NSW) Workers Compensation Act 1987 (NSW) Cases Cited: Saleh v Victims Compensation Fund Corporation [2012] NSWDC 217 Victims Compensation Fund Corporation v Brown [2003] HCA 54 Victims Compensation Fund v Brown [2002] NSWCA 155 Texts Cited: None Category: Principal judgment Parties: FRL (Applicant) Commissioner of Victims Rights (Respondent) Representation: FRL's Mother (Agent)(Applicant) Victim Services (Respondent) File Number(s): 2023/00016659 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