Kabir v Commissioner of Victims Rights [2015] NSWCATAD 172

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kabir v Commissioner of Victims Rights [2015] NSWCATAD 172 Hearing dates: 19 June 2015 Decision date: 19 August 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: 1. Pursuant to Section 67 (1)(a) of VRSA, I confirm the order made by the Commissioner on 26 March 2015, which requires the applicant to make restitution in the sum of $5,000; 2. However, I vary the order dated 26 March 2015 to allow the applicant time to pay comprising a period of twelve (12) months from the date of this decision. Catchwords: Victims Rights and Support – administrative review - restitution order against person convicted of relevant offence – alleged lack of culpability and financial hardship & impecuniosity Legislation Cited: Civil and Administrative Tribunal Act 2013 (No. 2) Victims Rights and Support Act 2013 Victims Support and Rehabilitation Act 1996 Cases Cited: Connor v R [2005] NSWCCA 431 [at 41] Blatch v Arthur (1774) 1 Cowp 63; 98 ER 969 Category: Principal judgment Parties: Humayan Kabir (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: H Kabir (Applicant in person) Commissioner of Victims Rights (Respondent) File Number(s): 1510255 Publication restriction: Section 64 (1) Civil and Administrative Tribunal Act 2013 – Restriction on publication of information that will identify any victims or evidence given and received in this Tribunal hearing or in relation to the proceedings which is likely to identify those persons