BMF V Commissioner of Victims Rights [2016] NSWCATAD 54

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BMF V Commissioner of Victims Rights [2016] NSWCATAD 54 Hearing dates: 5 February 2016 Date of orders: 22 March 2016 Decision date: 22 March 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: 1. Grant leave to BMF to file the Application under Section 55 (2) (b) of the Administrative Decisions Review Act 1997.

2. The decision of the Assessor dated 20 January 2015 is set aside and the following decision is made by way of substitution:

a. BMF was the primary victim of an act of violence pursuant to s 19 and s 20 of the Victims Rights and Support Act 2013 ("VRSA").

b. BMF is eligible for a recognition payment under Category C, pursuant to s 35 (3) (c) of VRSA as she was the victim of an act of violence resulting in grievous bodily harm; and

c. BMF is eligible for a recognition payment in the sum of $5,000 pursuant to clause 12 of the Victims Rights and Support Regulation 2013. Catchwords: Victims Support and Recognition – assault – failure to apply for internal review – jurisdiction - whether assault resulted in grievous bodily harm Legislation Cited: Civil and Administrative Tribunal Act 2013 (No. 2) Administrative Decisions Review Act 1997 Victims Rights and Support Act 2013 Victims Rights and Support Regulation 2013 Cases Cited: Project Blue Sky v ABA 194 CLR 355 Haoui v Regina [2008] NSWCCA 209 AM v R [2012] NSWCCA 203 Category: Principal judgment Parties: BMF (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: BMF (Applicant in Person) Victims Services (Respondent) File Number(s): 1510744 Publication restriction: A Non-publication Order is made under section 64 (1) Civil and Administrative Tribunal Act 2013 (NSW) in respect of the names of private individuals, and other information which might identify them.