BLR v Commissioner of Victims Rights [2016] NSWCATAD 178

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BLR v Commissioner of Victims Rights [2016] NSWCATAD 178 Hearing dates: 18 March 2016 & 10 June 2016 Date of orders: 19 August 2016 Decision date: 19 August 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: The application is dismissed. Catchwords: Administrative Review – Jurisdiction to determine application for administrative review – Victims Rights and Support – Demand for repayment of recognition payment under s 48 (2) (b) of the Victims Rights and Support Act 2013 – Whether such a demand is a decision made in relation to an application for a recognition payment – Demand made pursuant to a mandatory statutory condition – Jurisdiction not established Legislation Cited: Victims Support and Rehabilitation Act 1996 Victims Rights and Support Act 2013 Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 (No. 2) Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27 at 31 Llewellyn v Clyde Group Inc [2008] TASSC 25 Mediana (owners) v Comet (owners), The Mediana [1900] AC 113 at 116 Minister for Immigration & Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355 Sharples v O'Shea [1999] QSC Texts Cited: Statutory Interpretation in Australia (8th Edition, Pearce and Geddes) Category: Principal judgment Parties: BLR (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: Kelso Lawyers (Applicant) Crown Solicitor's Office (Respondent File Number(s): 1610019 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.