FRG v Commissioner of Victims Rights [2023] NSWCATAD 195

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FRG v Commissioner of Victims Rights [2023] NSWCATAD 195 Hearing dates: 17 March 2023, 31 March 2023 and on the papers. (Submissions closed 1 May 2023). Date of orders: 26 July 2023 Decision date: 26 July 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) Pursuant to s 41 of the Civil and Administrative Tribunal Act 2013 the period for FRG to lodge his application for administrative review is extended to 9 January 2023. (2) Pursuant to s 64 (1) of the Civil and Administrative Tribunal Act 2013 the identity of the applicant is not to be disclosed by way of publication or broadcast. (3) The decision of the respondent dated 5 December 2022 is affirmed. Catchwords: VICTIMS Support – Administrative law – act of violence – whether evidence satisfied elements of act of violence – whether behaviour is violent conduct apparently occurring in the commission of an offence - whether applicant primary victim of act of violence – whether evidence established on balance of probabilities Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Crimes Act 1900 Victims Rights and Support Act 2013 Victims Support and Rehabilitation Act 1996 (repealed) Victims Support and Rehabilitation Regulation 2019 Cases Cited: Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 EJF v Commissioner of Victims Rights [2021] NSWCATAD 168 R- v Butcher (1986) VR 43 Victims Compensation Fund Corporation v Brown [2003] HCA 54 Texts Cited: Nil Category: Principal judgment Parties: 'FRG' (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: Applicant (Self Represented) Victims Services Legal (Respondent) File Number(s): 2023/00008147 Publication restriction: S 64 (1) of the Civil and Administrative Tribunal Act 2013 applies to the identity of the applicant.