BKI v Commissioner of Victims Rights [2014] NSWCATAP 103

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BKI v Commissioner of Victims Rights [2014] NSWCATAP 103 Hearing dates: On papers Decision date: 10 December 2014 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President Decision: The appeal is dismissed. Catchwords: VICTIMS COMPENSATION - jurisdiction of Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Victims Rights and Support Act 2013 (NSW) Category: Principal judgment Parties: BKI Commissioner of Victims Rights File Number(s): AP 14/52873 Publication restriction: Publication of the name of the appellant is prohibited. Decision under appeal Jurisdiction: 150001 Date of Decision: 2014-09-28 00:00:00 Before: M Riordan, Senior Member File Number(s): 1410369

reasons for decision 1BKI has lodged an appeal against a decision of the Administrative and Equal Opportunity Division of the Tribunal made on 26 September 2014. The Tribunal affirmed the decision of the Respondent that BKI was entitled to a total of $10,000 in compensation under s 51 of the Victims Rights and Support Act 2013 (NSW). 2BKI wrote to the Tribunal on 30 September 2014 seeking "directions and/or instructions how and where to appeal this decision . . ." BKI says he did not receive a reply to that letter so he lodged an appeal. 3The Appeal Panel's jurisdiction to hear appeals from internally appealable decisions is set out in s 32 of the Civil and Administrative Tribunal Act 2013 (NSW). Certain matters which are not internally appealable decisions are listed in Schedule 3, cl 15 to that Act. One exception is "an administrative review decision for the purposes of section 51 of the Victims Rights and Support Act 2013." 4As the decision from which BKI lodged an appeal is an administrative review decision for the purposes of s 51 of the Victims Rights and Support Act 2013, the Appeal Panel has no jurisdiction to hear this appeal and it is dismissed. I hereby certify that this is a true and accurate record of the reasons for decision of the New South Wales Civil and Administrative Tribunal. Principal Registrar