FWV v Commissioner of Victims Rights [2024] NSWCATAD 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FWV v Commissioner of Victims Rights [2024] NSWCATAD 3 Hearing dates: 08 December 2023 Date of orders: 08 December 2023 Decision date: 08 January 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: 1. The decision of the Assessor dated 8 December 2023 is set aside and I make the following decision by way of substitution. 2. The applicant 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) Victims Rights and Support Act 2013 (NSW) Cases Cited: BMF v Commissioner of Victims Rights [2016] NSWCATAD 54 Haoui v R [2008] NSWCCA 209 Texts Cited: None Category: Principal judgment Parties: FWV (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: FWV's Wife (Agent) (Applicant) Victims Services (Respondent) File Number(s): 2023/00220685 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.