BXH v Commissioner of Victims Rights [2015] NSWCATAD 174

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BXH v Commissioner of Victims Rights [2015] NSWCATAD 174 Hearing dates: 17 July 2015 Decision date: 21 August 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: 1. The decisions made by the Senior Assessor upon internal review on 28 April 2015 in relation to Applications numbered 186373 and 187174, respectively, are affirmed.

2. The Application for Administrative Review is dismissed. Catchwords: Victims rights and support – administrative review – application of Schedule 2 of Victims Rights and Support Act 2013 to application for compensation – No power to award statutory compensation where Application for Compensation was not finally determined before 3 June 2013 – No eligibility for victims support for immediate needs and financial support for loss of earnings where Application for Compensation was lodged under the old Act – No eligibility for special grant from Victims Compensation Fund where Application for Compensation was lodged outside the prescribed time. Legislation Cited: Victims Support and Rehabilitation Act 1996 (NSW) Victims Rights and Support Act 2013 (NSW) Victims Rights and Support Regulation 2013 (NSW) Administrative Decisions Review Act 1997 (NSW) Cases Cited: Project Blue Sky v Australian Broadcasting Authority (1988) 194 CLR 355 Texts Cited: Statutory Interpretation in Australia 5th Ed Pearce and Geddes (Butterworth's) Category: Principal judgment Parties: BXH (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: BXH (Applicant in person) S Matulewicz, Victims Services (Respondent) File Number(s): 1510288 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.