FYG v Commissioner of Victims Rights [2024] NSWCATAD 5

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FYG v Commissioner of Victims Rights [2024] NSWCATAD 5 Hearing dates: 8 December 2023 Date of orders: 05 January 2024 Decision date: 05 January 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: 1. The decision of the Senior Assessor dated 14 July 2023 is set aside. 2. I approve a recognition payment in the sum of $3,000. Catchwords: ADMINISTRATIVE LAW – administrative review – Victims rights and support – family victim - eligibility for victims support - act of violence that apparently occurred in the course of the commission of a homicide – behaviour (including past criminal activity), attitude or disposition of the primary victim directly and/or indirectly contributed to their death – reduction of amount of victims support approved Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) 28 Nov 2023 Victims Rights and Support Act 2013 (NSW) Victims Rights and Support Regulation 2019 (NSW) Victims Support and Rehabilitation Act 1996 (NSW) Cases Cited: CVP v Commissioner of Victims Rights [2017] NSWCATAD 90 News Ltd v South Sydney District Rugby League Football Club Ltd (2003) 215 CLR 563; R v Russell [2023] NSWSC 90 Victims Compensation Fund Corporation v Lynch [2012] NSWCA 273 Texts Cited: Bugmy Bar Book – Judicial Commission of NSW Category: Principal judgment Parties: FYG (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: Lander & Rogers (Applicant) Victims Services (Respondent) File Number(s): 2023/00256029 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