BYZ v Commissioner of Victims Rights [2014] NSWCATAD 168

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BYZ v Commissioner of Victims Rights [2014] NSWCATAD 168 Hearing dates: 24 January 2014 Decision date: 09 October 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: 1. The decision made by the Senior Assessor upon Internal Review on 23 September 2013 is affirmed. 2. The Application is dismissed. 3. No order as to costs. Catchwords: Victims Rights and Support - administrative review - application for recognition payment - balance of probabilities- civil standard - evidence of act of violence - contradiction in evidence - weight of evidence Legislation Cited: Victims Rights and Support Act 2013 Victims Support and Rehabilitation Act 1996 Civil and Administrative Act 2013 Cases Cited: Reifek v McElroy (1965) 112CLR 517 at 521-522 Category: Principal judgment Parties: BYZ (Applicant) Commissioner for Victims Rights (Respondent) Representation: Commissioner for Victims Rights (Respondent) File Number(s): 137335 Publication restriction: Section 64 (1) (a) of the Civil and Administrative Tribunal Act: An order prohibiting or restricting the disclosure of the name of any person (whether or not a witness summoned by, or appearing before, the Tribunal.

reasons for decision 1BYZ has applied for administrative review of a Review Decision order made by the Senior Assessor as the Delegate of the Commissioner of Victims Rights ('the Commissioner") on 23 September 2013 pursuant to section 51 of the Victims Rights and Support Act 2013 ("VRSA"). That decision affirmed the decision of the Assessor (Client Claims) dated 29 July 2013 to dismiss the Application for Statutory Compensation pursuant to section 25 (3) of the VRSA. The Review Decision was made pursuant to section 49 of the VRSA.