GNY v Commissioner of Victims Rights [2025] NSWCATAD 12

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GNY v Commissioner of Victims Rights [2025] NSWCATAD 12 Hearing dates: 25 October 2024 Date of orders: 14 January 2025 Decision date: 14 January 2025 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer Senior Member Decision: (1) The decision of the respondent of 11 July 2024 is affirmed. (2) The application is otherwise dismissed. Catchwords: VICTIMS Support – Administrative law – act of violence –– whether medical evidence verifies injury-sufficiency of evidence - whether applicant suffered serious bodily injury as a result of the act of violence - limits on beneficial interpretation – whether evidence established on balance of probabilities Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Crimes Act 1900 Victims Rights and Support Act 2013 Victims Support and Rehabilitation Act 1996 (repealed) Cases Cited: BDJ v Victims Compensation Fund Corporation (No 2) [2014] NSWCATAD 187 CRT v Commissioner of Victims Rights [2017] NSWCATAD 174 Dobbie v Commissioner of Victims Rights [2018] NSWSC 1989 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 FQE v Commissioner of Victims Rights [2023] NSWCATAD 62 Haoui v R [2008] NSWCCA 209 Makita v Sprowles NSWCA [2005] 305 R v Donovan [1934] 2 KB 498 Victims Compensation Fund Corporation v Brown [2003] HCA 54 Texts Cited: Nil Category: Principal judgment Parties: GNY (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: Women's Legal Service NSW (Applicant) Victims Services Legal (Respondent) File Number(s): 2024/00289141 Publication restriction: The publication or broadcast of the name of the applicant is prohibited. This order is made under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013.