BWQ v Commissioner of Victims Rights [2015] NSWCATAD 197

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BWQ v Commissioner of Victims Rights [2015] NSWCATAD 197 Hearing dates: 14 August 2015 and 18 September 2015 Date of orders: 18 September 2015 Decision date: 18 September 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: 1. Grant leave to the applicant to file the Application for Administrative Review, despite her making a late application for internal review by the Respondent, pursuant to s 55 (4) and s 55 (5) of the Administrative Decisions Review Act 1997.

2. Pursuant to s 63 (3) (b) of the Administrative Decisions Review Act 1997, I vary the decision of the Assessor (Client Claims) dated 4 February 2015 in so far as it relates to the recognition payment, as follows:

3. The applicant was a primary victim of an act of violence, comprising a series of related acts over a period from 1 December 2012 to 14 December 2014, which in the nature of an assault resulting in grievous bodily harm.

4. The applicant is entitled to a Category C recognition payment pursuant to s 35 (3) (c) of the Victims Rights and Support Act 2013 and cl 12 (c) of the Victims Rights and Support Regulation 2013, in the sum of $5,000. Catchwords: VICTIMS recognition – domestic violence – physical assault – leave to proceed – absence of internal review Legislation Cited: Administrative Decisions Review Act 1997 Victims Rights and Support Act 2013 Victims Rights and Support Regulation 2013 Interpretation Act 1987 Category: Principal judgment Parties: BWQ (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: