Ready v Commissioner of Victims Rights [2016] NSWCATAD 105

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ready v Commissioner of Victims Rights [2016] NSWCATAD 105 Hearing dates: 29 April 2016 Date of orders: 31 May 2016 Decision date: 31 May 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: The Restitution Order dated 23 January 2016 is confirmed. Catchwords: Victims Rights and Support – administrative review – conviction of a relevant offence Legislation Cited: Civil and Administrative Tribunal Act 2013 (No. 2) Victims Rights and Support Act 2013 Victims Support and Rehabilitation Act 1996 Administrative Decisions Review Act 1997 Category: Principal judgment Parties: David Terence Ready (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: David Terence Ready (Applicant in person) Victims Services (Respondent) File Number(s): 1610142

Reasons for decision

Background 1. In this matter, Mr David Terence Ready ("the Applicant") has made an Application for Administrative Review of a Restitution Order made on 13 January 2016, by the Delegate of the Commissioner of Victims Rights ("the Commissioner") upon internal review, which confirmed a Provisional Order for Restitution dated 27 August 2015. That order was made pursuant to s 64 of the Victims Rights and Support Act 2013 ("VRSA"). 2. On 7 August 2012, the victim made an Application for Compensation under Part 2 of the Victims Support and Rehabilitation Act 1996 ("the old Act"), in which he alleged that he had been the victim of sexual assaults that were committed by the Applicant over a period of time between "1 January 2010 and 1 January 2011". He alleged that he had been "indecently sexually assaulted on numerous occasions" by the Applicant and that he was 13 years old. However, the Application did not allege any specific incidents of violence or otherwise particularise any dates upon which acts of violence occurred. The victim claimed compensation for the compensable injury of sexual assault. 3. The Police COPS Event report indicates that on 3 April 2010 (not 5 April 2010 as pleaded in the Application for Compensation), the victim's mother reported acts of violence that allegedly occurred on 20 February 2010, 27 February 2010 and 6 March 2010. As a result of the Police investigation the Applicant was charged with one count of indecent assault in circumstances of aggravation (child under 16 and with cognitive impairment) and 3 counts of Possess Child Pornography. 4. However, the Tribunal notes that the indecent assault charge was later downgraded to delete reference to "circumstances of aggravation" and that only one charge of possess child pornography was pressed by the Director of Public Prosecutions ("the DPP"). Agreed Facts were also lodged with the Local Court in due course.