GDM v Commissioner of Victims Rights [2024] NSWCATAD 169

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GDM v Commissioner of Victims Rights [2024] NSWCATAD 169 Hearing dates: 1 March 2024 Date of orders: 20 June 2024 Decision date: 20 June 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: 1. The respondent's decision dated 8 December 2023 is aside. By way of substitution, I determine that: a. GDM is a primary victim of an act of violence, b. GDM is eligible for victims support. 2. The matter is remitted to the respondent for reconsideration pursuant to s 65(1) of the Administrative Decisions Review Act 1997 (NSW) according to law either with or without the receipt of further evidence. On or before 16 August 2024 the respondent is to make a new decision in respect of the application for a recognition payment. 3. The matter is listed for directions before me at 9:30am on 30 August 2024. Catchwords: ADMINISTRATIVE LAW – Victims Support- administrative review – eligibility for victims support – whether act designed to disentitle to victims support where evidence indicates no other support provided – statutory interpretation - beneficial legislation Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Crimes Act 1900 Criminal Injuries Compensation Act 1967 (repealed) Interpretation Act 1987 Victims Rights and Support Act 2013 Victims Compensation Act 1987 (repealed) Victims Compensation Act 1996 (repealed) Victims Support and Rehabilitation Act 1996 (repealed) Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (Northern Territory) (2009) 239 CLR 27 FRG v Commissioner of Victims Rights [2023] NSWCATAD 195 FRL v Commissioner of Victims Rights [2023] NSWCATAD 131 Ombudsman v Moroney [1983] 1 NSWLR 317 Project Blue Sky v Australian Broadcasting Authority (1998) HCA 28 Saleh v Victims Compensation Fund Corporation [2012] NSWDC 217 Victims Compensation Fund Corporation v Brown [2003] HCA 54 Texts Cited: Statutory Interpretation in Australia (8th Edition) D C Pearce and R S Geddes Category: Principal judgment Parties: GDM (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: Kingsford Legal Centre UNSW Law (Applicant) Victims Services Legal (Respondent) File Number(s): 2024/00018216 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the Tribunal restricts disclosure of the name of the applicant