ARU v Victims Compensation Fund Corporation [2015] NSWCATAP 211

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ARU v Victims Compensation Fund Corporation [2015] NSWCATAP 211 Hearing dates: 18 May 2015, Written submissions closed on 22 May 2015 Date of orders: 30 September 2015 Decision date: 30 September 2015 Jurisdiction: Appeal Panel Before: A Britton, Principal Member M Riordan, Senior Member Decision: 1. Appeal Allowed. 2. Decision under appeal is set aside. 3. Matter is remitted to the Administrative and Equal Opportunity Division of the Civil and Administrative Tribunal for reconsideration in accordance with these reasons. Catchwords: ADMINISTRATIVE LAW — appeals from decisions of NCAT — adequacy of reasons — denial of procedural fairness — delay in making decision;

PRACTICE AND PROCEDURE — requirement to hold a hearing — under Victims Support and Rehabilitation Act 1966 (NSW) and Civil and Administrative Tribunal Act 2013 (NSW);

STATUTORY INTERPREATION — meaning of "receives as … a direct result" Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Victims Rights and Support Act 2013 (NSW) Victims Rights and Support Regulation 2013 Victims Support and Rehabilitation Act 1966 (NSW) Cases Cited: Collector of Customs v Pozzolanic (1993) 43 FCR 280 Collins v Urban [2014] NSWCATAP 17 Comcare Australia v Lees [1997] FCA 1415; (1997) 151 ALR 647 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd [1994] FCA 1074; (1994) 49 FCR 576 Maguire v VCFC [2002] NSWDC 7 Mastronardi v State of New South Wales [2007] NSWCA 54 NAIS v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 77; (2005) 228 CLR 470 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Sydney Supermarkets Pty Limited v Xu [2009] NSWADTAP 28 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; (2006) 228 CLR 152 Category: Principal judgment Parties: ARU (Applicant) Victims Compensation Fund Corporation (Respondent) Representation: ARU's mother (Appellant)