BGF v Commissioner of Victims Rights (No 2) [2015] NSWCATAD 232

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BGF v Commissioner of Victims Rights (No 2) [2015] NSWCATAD 232 Hearing dates: 28 August 2015 Decision date: 12 November 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: The restitution order made against BGF on date 28 August 2013 is confirmed. Catchwords: Victims Rights and Support – administrative review - restitution order against person convicted of relevant offence Legislation Cited: Civil and Administrative Tribunal Act 2013 (No. 2) Victims Rights and Support Act 2013 Victims Support and Rehabilitation Act 1996 Cases Cited: Commissioner of Victims Rights v BGF [2015] NSWCATAP 149 Category: Principal judgment Parties: BGF (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: No appearance (Applicant) S Matulewicz, Victims Services (Respondent) File Number(s): 1510424 Publication restriction: The publication of the name of any of the parties or other people referred to in this decision including the publication of any information, picture or other material that identifies them or is likely to lead to their identification is prohibited (s 64 Civil and Administrative Tribunal Act 2013).

Reasons for decision

Background 1. This matter has been remitted to the Administrative and Equal Opportunity Division of the Tribunal for determination in accordance with the decision of the Appeal Panel dated 22 July 2015. 2. The Appeal Panel set aside the decision made by the Tribunal at first instance on 6 June 2015, which set aside a restitution order made by the Commissioner of Victims Rights ("the Commissioner"). That restitution order that was made in respect of an award of compensation that was made to BGF's former wife (the victim) under the Victims Support and Rehabilitation Act 1996 ('the old Act'). 3. The victim lodged two claims for compensation under the old Act on 2 October 2008, as follows: 1. She alleged that she was the primary victim of acts of domestic violence committed by BGF over a period of time from 14 February 2004 to 7 July 2008 ('the domestic violence claim'). The Commissioner registered this claim as claim no. 145797; and 2. She alleged that she was the primary victim of an assault that was perpetrated by two of BGF's associates and at his direction in a park on 9 September 2008, ('the park assault claim'). The Commissioner registered this claim as claim no. 145962. 1. On 10 February 2009, BGF was convicted of two counts of assault occasioning bodily harm upon the victim at Lakemba, at 12pm on 6 July 2008. 2. On 12 October 2012, an Assessor determined the victim's claims for compensation under the old Act and found 'on the balance of probabilities an act of violence (from April 2004 to September 2008) is established.' The Assessor determined that the park assault claim formed a part of the domestic violence claim and dismissed the park assault claim. The Assessor also held that that the victim had not established that she suffered a Category 2, chronic psychological or psychiatric disorder that is severely disabling and awarded her compensation of $9,250 for the compensable injury of 'domestic violence'. 3. However, the victim appealed to the Victims Compensation Tribunal ('the VCT') under the old Act. On 20 June 2012, the VCT determined that the park assault claim was a separate claim to the domestic violence claim and it made a more favourable statutory award to the victim in relation to both of claims. I will discuss the VCT's decision in further detail later in this decision.