GCL v Commissioner of Victims Rights [2024] NSWCATAD 200

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GCL v Commissioner of Victims Rights [2024] NSWCATAD 200 Hearing dates: 2 February 2024, 26 April 2024 Date of orders: 23 July 2024 Decision date: 23 July 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) In proceedings 2023/00424691, the decision of the respondent dated 9 November 2023 is set aside. The applicant, GCL, is eligible for a Category C Recognition Payment in accordance with s 35 (3) (a) and s 36 (1) (d) of the Victims Rights and Support Act 2013. (2) In proceedings 2024/00152567: (i) time to lodge the application is extended to 24 April 2024 pursuant to s 41 (1) of the Civil and Administrative Tribunal Act 2013. (ii) The application is dismissed pursuant to s 55 (1) (b) of the Civil and Administrative Tribunal Act 2013. (3) In proceedings 2024/00152575: (i) time to lodge the application is extended to 24 April 2024 pursuant to s 41 (1) of the Civil and Administrative Tribunal Act 2013. (ii) The decision of the respondent dated 9 November 2023 is set aside. The applicant, GCL, is eligible for a Category B Recognition Payment in accordance with s 35 (2) (b) and s 36 (1) (c) of the Victims Rights and Support Act 2013. Catchwords: VICTIMS SUPPORT — Administrative law — act of violence — whether evidence satisfied elements of act of violence — whether a series of related acts of violence constituting one act of violence — whether medical evidence verifies injury — sufficiency of evidence — whether applicant primary victim of act of violence — whether evidence established on balance of probabilities — beneficial legislation Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Victims Rights and Support Act 2013 Victims Support and Rehabilitation Act 1996 (repealed) Victims Support and Rehabilitation Regulation 2019 Cases Cited: Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 R v Donovan [1934] 2 KB 498 Victims Compensation Fund Corporation v Brown [2003] HCA 54 Victims Compensation Fund Corporation v GM & 5 Ors [2004] NSWCA 185 Texts Cited: Nil Category: Principal judgment Parties: GCL (Applicant) Commissioner of Victims Rights (Respondent) Representation: Applicant (self-represented)