BFV v Commissioner of Victims Rights [2014] NSWCATAD 170

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BFV v Commissioner of Victims Rights [2014] NSWCATAD 170 Hearing dates: 9 May 2014 Decision date: 10 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 19 February 2014 is affirmed. 2. The Application is dismissed. Catchwords: Victims Rights and Support - administrative review - act of violence - civil standard - balance of probabilities - victim or perpetrator of assault. Legislation Cited: Victims Rights and Support Act 2013 Victims Support and Rehabilitation Act 1996 Administrative Decisions Review Act 1997 Civil and Administrative Act 2013 Mental Health (Forensic Provisions) Act 1990 Law Enforcement (Powers and Responsibilities) Act 2002 Cases Cited: Reifek v McElroy (1965) 112 CLR 517 at 521-522 Category: Principal judgment Parties: BFV (Applicant ) Commissioner for Victims Rights (Respondent) Representation: BFV (Applicant in person) S Matulewicz, Commissioner of Victim Services (Respondent) File Number(s): 1410130 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 1BFV 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 19 February 2014 pursuant to section 51 of the Victims Rights and Support Act 2013 ("VRSA"). That decision affirmed the decision of the Assessor (Client Claims) dated 10 December 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.