CBU v Commissioner of Victims Rights [2015] NSWCATAD 196

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CBU v Commissioner of Victims Rights [2015] NSWCATAD 196 Hearing dates: 21 August 2015 Date of orders: 28 September 2015 Decision date: 28 September 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: 1. Pursuant to s 63 (3) (c) of the Administrative Decisions Review Act 1997, the decision of the Assessor dated 13 January 2015 is set aside and I make the following decision in substitution for that decision.

2. The applicant was more probably than not the primary victim of an act of violence pursuant to s 19 and s 20 of Victims Rights and Support Act 2013.

3. The applicant was the victim of an assault resulting in grievous bodily harm and would have been eligible for a Category C recognition payment in the sum of $5,000 pursuant to s 35 (3) (c) of the Victims Rights and Support Act 2013 and cl 12 of the Victims Rights and Support and Regulation 2013.

4. However, grounds for reduction of the amount of the recognition payment exist pursuant to s 44 (1) (e) of the Victims Rights and Support Act 2013 and the Tribunal is satisfied that it is appropriate to reduce the amount of the recognition payment to $3,500, which represents a 30% reduction.

5. In addition, the applicant is eligible for a special grant of in the sum of $5,000 pursuant to cl 5 (3) of sch 2 of the Victims Rights and Support Act 2013.

6. However, pursuant to s 45 (1) of VRSA, I order the amount of the award to CBU is to be reduced by $1,000 by way of set off against the restitution order dated 23 November 2004. Catchwords: Victims rights and support – administrative review – application of Schedule 2 of Victims Rights and Support Act 2013 to application for compensation – Internal Review sought out of time – Application made within a reasonable time following the Assessor's decision - Necessary for the Tribunal to deal with the Application in order to protect the applicant's interests – Failure to provide reasonable assistance to pursuant to s 44 (1) (e) of the Victims Rights and Support Act 2013 - Reduction in amount of recognition payment – Set off against previous restitution order – set off amount capped 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) Children Criminal Proceedings Act 1987 (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: CBU (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: