BMF v Commissioner of Victims Rights [2016] NSWCATAD 144

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BMF v Commissioner of Victims Rights [2016] NSWCATAD 144 Hearing dates: 27 May 2016 Date of orders: 06 July 2016 Decision date: 06 July 2016 Before: M Riordan, Senior Member Decision: 1. The application for administrative review with respect to financial support is dismissed. 2. The decision of the Senior Assessor dated 15 April 2016 is set aside. In substitution for that decision the following decision is made: "The applicant is eligible for a Category C recognition payment in the sum of $5,000." Catchwords: Victims Rights and Support – administrative review – jurisdiction of the Tribunal – grievous bodily harm Legislation Cited: Victims Support and Rehabilitation Act 1996 Victims Rights and Support Act 2013 Victims Rights and Support Regulation 2013 Administrative Decisions Review Act 1997 Cases Cited: Project Blue Sky v Australian Broadcasting Authority 194 CLR 355 R v Donovan [1934] 2 KB 498 BXB v Commissioner of Victims Rights [2015] NSWCATAD 173 BMF v Commissioner of Victims Rights [2016] NSWCATAD 54 Haoui v Regina [2008] NSWCCA 209 AM v R [2012] NSWCCA 203 Texts Cited: Statutory Interpretation in Australia (8th Edition, Pearce and Geddes) Category: Principal judgment Parties: BMF (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: Women's Legal Services NSW (Applicant) Victims Services (Respondent) File Number(s): 1610197 Publication restriction: A non-publication Order is made under s 64 (1) of the Civil and Administrative Tribunal Act 2013 (No. 2) (NSW) in respect of the names of private individuals, and other information which might identify them.