Commissioner of Victims Rights v BGF [2015] NSWCATAP 149

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner of Victims Rights v BGF [2015] NSWCATAP 149 Hearing dates: 25 November 20141 May 2015 Date of orders: 22 July 2015 Decision date: 22 July 2015 Jurisdiction: Appeal Panel Before: M Schyvens, Deputy President S Higgins, Principal Member Decision: The appeal is allowed. The decision of the Tribunal made on 6 June 2014 is set aside. The matter is remitted to the Administrative and Equal Opportunity Division of the Tribunal for determination in accordance with law. Catchwords: APPEAL – Commissioner for Victim's Rights – power to make provisional order – meaning of 'relevant offence' and 'act of violence' – conviction – error of law and of fact – finding of fact based on erroneous submissions – fundamental error of fact – jurisdictional error Legislation Cited: Administrative Decisions Review Act 1997 (NSW), Civil and Administrative Tribunal Act 2013 (NSW) Victims Rights and Support Act 2013 (NSW) Victims Support and Rehabilitation Act 1996 (NSW), (repealed) Cases Cited: BGF v Commissioner for Victims Rights [2014] NSWCATAD 77 Kostas v HIA Insurance Services Pty Limited [2010] HCA 32 Minister for Immigration and Multicultural and Indigenous Affairs v VOAO [2005] FCAFC 50 Soliman v University of Technology, Sydney [2012] FCAFC 146 Category: Principal judgment Parties: Commissioner of Victims Rights (Appellant) BGF (Respondent) Representation: M Ting on 25 November 2014 (Appellant) Mr S Matulewicz on 1 May 2015 (Appellant) File Number(s): AP 14/46450 Publication restriction: The publication of the name of any of the parties or other people referred to in this decision including the publication of any information, picture or other material that identifies them or is likely to lead to their identification is prohibited(S 64, Civil and Administrative Tribunal Act 2013) Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: BGF v Commissioner for Victims Rights [2014] NSWCATAD 77 Date of Decision: 6 June 2014 Before: P H Molony, Senior Member File Number(s): 137332