FXE v Commissioner of Victims Rights [2023] NSWCATAD 296

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FXE v Commissioner of Victims Rights [2023] NSWCATAD 296 Hearing dates: 27 October 2023 Date of orders: 08 November 2023 Decision date: 08 November 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: 1. The reviewable decision is set aside and I make the following decision in substitution for it: a. FXE was a primary victim of an act of violence on the balance of probabilities; and b. A Category C recognition payment is approved in the sum of $5,000 pursuant to s 35(3)(c) of the Act. Catchwords: ADMINISTRATIVE LAW – Victims rights and support - Recognition – assault – Failure to apply for internal review – Jurisdiction – Whether the applicant suffered grievous 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: BJR v R [2008] NSWCCA 43 BQG v Commissioner of Victims Rights [2015] NSWCATAD 63 CQP v Commissioner of Victims Rights [2016] NSWCATAD 202 DEL v Commissioner of Victims Rights [2017] NSWCATAD 376 DPP v Smith [1961] NSWCCA 209 EMT v Commissioner of Victims Rights [2021] NSWCATAD 39 Eja v Children's Guardian [2021] NSWCATAD 202 Haoui v R [2008] NSWCCA 209 R v Kama [2000] NSWCCA 23 R v Remilton [2001] NSWCCA 546 R v Shannon [2003] NSWCCA 106 R v Sumeo [2002] NSWCCA 271 R v Williams [2005] NSWCCA 14 R v Woodland [2007] NSWCCA 29 at [35] Singh v Director of Public Prosecutions (NSW) [2006] NSWCCA 333 Vann v Palmer [2001] ACTSC 12 Texts Cited: None Category: Principal judgment Parties: FXE (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: K McDonald, Women's Legal Service NSW (Applicant) K Douch, Victims Services, Department of Communities and Justice (Respondent) File Number(s): 2023/00231347 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