CEL v Commissioner of Victims Rights [2016] NSWCATAD 83

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CEL v Commissioner of Victims Rights [2016] NSWCATAD 83 Hearing dates: 24 March 2016 Date of orders: 04 May 2016 Decision date: 04 May 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: The respondent's application for the proceedings to be dismissed for want of jurisdiction is refused. Catchwords: Administrative Review – Statutory interpretation - Jurisdiction to determine application for administrative review – Whether Regulation operates to extinguish a right to request a review that accrued prior to the commencement of the Regulation Legislation Cited: Victims Support and Rehabilitation Act 1996 Victims Rights and Support Act 2013 Victims Rights and Support Regulation 2013 Victims Rights and Support Amendment (Transitional Claims) Regulation 2015 Interpretation Act 1987 (NSW) Interpretation Act 1991 (Cth) Administrative Decisions Review Act 1997 Cases Cited: Esber v Commonwealth (1992) 174 CLR 430 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355 Fleming v White [1981] 2 NSWLR 719 Elena Harvey and Victims Compensation Tribunal & Anor [2001] NSWSC 604 ADCO Constructions Pty Limited v Goudappel [2014] HCA 18; (2014) 254 CLR 1 Attorney-General (Qld) v Australian Industrial Relations Commission [2002] HCA 42; (2002) 213 CLR 485 Griffith University v Tang [2005] HCA 7; (2005) 221 CLR 99 Colley v Futurebrand FHA Pty Ltd & Anor [2005] NSWCA 223 Victims Compensation Fund Corporation v GM & 5 Ors [2004] NSWCA 185; 60 NSWLR 310 Texts Cited: Statutory Interpretation in Australia (8th Edition, Pearce and Geddes) Category: Principal judgment Parties: CEL (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: Womens Legal Services NSW (Applicant) Victims Services (Respondent) File Number(s): 1510588 Publication restriction: A Non-publication Order is made under s 64 (1) of the Civil and Administrative Tribunal Act 2013 (NSW) in respect of the names of private individuals, and other information which might identify them.