FXJ v Commissioner of Victims Rights [2024] NSWCATAD 8

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FXJ v Commissioner of Victims Rights [2024] NSWCATAD 8 Hearing dates: 8 December 2023 Date of orders: 09 January 2024 Decision date: 09 January 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVE LAW – administrative review – Victims rights and support – whether an act of violence is established on the balance of probabilities Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Victims Rights and Support Act 2013 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Girlock (Sales) Pty Ltd v Hurrell (1982) 149 CLR 155 Helton v Allen (1940) 63 CLR 691 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Jones v Dunkel (1959) 101 CLR 298 Malec v JC Hutton Pty Ltd (1990) Nguyen v Cosmopolitan Homes [2008] NSWCA 246 West v Government Insurance Office of NSW (1981) 148 CLR 62 Texts Cited: None Category: Principal judgment Parties: FXJ (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: FXJ (self represented) M Ting, Victims Services File Number(s): 2023/00236322 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