GNG V Commissioner of Victims Rights [2024] NSWCATAD 321

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GNG V Commissioner of Victims Rights [2024] NSWCATAD 321 Hearing dates: 11 October 2024 Date of orders: 11 October 2024 Decision date: 30 October 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 on the balance of probabilities. 3. I approve a category C recognition payment in the sum of $5,000. Catchwords: ADMINISTRATIVE LAW – administrative review – Victims rights and support – whether an act of violence is established on the balance of probabilities – recognition payment – grievous bodily harm Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Victims Rights and Support Act 2013 (NSW) Cases Cited: AM v R (2012) 225 A Crim R 481 AMP General Insurance Ltd v Kull (2005) 44 MVR 339 Briginshaw v Briginshaw (1938) 60 CLR 336 Girlock (Sales) Pty Ltd v Hurrell (1982) 149 CLR 155 Haoui v R (2008) 188 A Crim R 331 Helton v Allen (1940) 63 CLR 691 Jones v Dunkel (1959) 101 CLR 298 Malec v JC Hutton Pty Ltd (1990) 169 CLR 638 Nguyen v Cosmopolitan Homes [2008] NSWCA 246 R v Overall (1993) 71 A Crim R 170 West v Government Insurance Office of NSW (1981) 148 CLR 62 at 66 Texts Cited: None Category: Principal judgment Parties: GNG (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: GNG (Self represented) K Douch, Victims Services (Respondent) File Number(s): 2024/00273112 Publication restriction: Section 64 (1) Civil and Administrative Tribunal Act 2013 (NSW) – 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