GHQ V Commissioner of Victims Rights [2024] NSWCATAD 209

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GHQ V Commissioner of Victims Rights [2024] NSWCATAD 209 Hearing dates: 19 July 2024 Date of orders: 30 July 2024 Decision date: 30 July 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: 1. The decision under review is set aside and I make the following decision by way of substitution. 2. The applicant is a primary victim of an act of violence that comprises a series of related acts. 3. The applicant is eligible for a Category B recognition payment. 4. The amount of victims support approved for the applicant is reduced by 1/10 under s 44(1)(a) of the Act; and 5. Victims support is approved in the amount of $9,000. Catchwords: Victims Rights and Support – administrative review – Alleged sexual assaults - Alleged offender not charged with any offence – Act of violence established on balance of probabilities – Eligibility for victims support - Application of s 44(1) of the Victims Rights and Support Act 2013 – calculating the amount of the reduction by way of analogy. Legislation Cited: Administrative Decisions Review Act 1997 Victims Rights and Support Act 2013 Victims Rights and Support Regulation 2013 Victims Support and Rehabilitation Act 1996 Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: BWL v Commissioner of Victims Rights [2015] NSWCATAD 235 EGM v Commissioner of Victims Rights [2020] NSWCATAD 181. Rejfek v McElroy (1965) 112 CLR 517 Texts Cited: Macquarie Dictionary Online Category: Principal judgment Parties: GHQ (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: Womens Legal Services NSW (Applicant) Victims Services (Respondent) File Number(s): 2024/00141543 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.