BKI v Commissioner of Victims Rights [2014] NSWCATAP 103
NSW Caselaw
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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
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I hereby certify that this is a true and accurate record of the reasons for decision of the Civil and Administrative Tribunal of New South Wales.
Registrar
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Decision last updated: 10 December 2014