BRH v Commissioner of Victims Rights [2015] NSWCATAD 182

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BRH v Commissioner of Victims Rights [2015] NSWCATAD 182 Hearing dates: On the papers Decision date: 27 August 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer Senior Member Decision: (1) The decision of the Senior Assessor is set aside.

(2) The applicant is eligible for a Category D recognition payment reduced by 10% pursuant to section 44 (1) (a)

(3) The applicant is eligible for a special grant payable from the Victims Support Fund in accordance with Schedule 2 Clause 5.

(4) Disbursements are awarded in the sum of $30.00

(5) Costs are awarded in the sum of $500.00 Catchwords: VICTIMS – Rights and support – further evidence of violence – evidence of injury – ability to obtain evidence – evidence in support of claim – exculpatory evidence – nature of domestic violence – behaviour of applicant – reduction of payment under Act - special grant of victims support – transitional claim – whether reduction applies to special grant. Legislation Cited: Civil and Administrative Tribunal Rules 2013 Government Information (Public Access) Act 2009 Victims Rights and Support Act 2013 Victims Rights and Support Regulation 2013 Victims Support and Rehabilitation Act 1996 Cases Cited: BFO v Commissioner of Victims Rights [2014] NSWCATAD 175 BQG v Commissioner of Victims Rights [2015] NSWCATAD 63 Category: Principal judgment Parties: BRH (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: Macarthur Legal Centre (Applicant) S Matulewicz, Commissioner of Victims Rights (Respondent) File Number(s): 1510092 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.