BWL v Commissioner of Victims Rights [2016] NSWCATAD 242

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BWL v Commissioner of Victims Rights [2016] NSWCATAD 242 Hearing dates: 7 October 2016 Date of orders: 27 October 2016 Decision date: 27 October 2016 Before: M Riordan, Senior Member Decision: (1) The application for administrative review of the Commissioner's decisions dated 27 May 2016 and 5 August 2016, with respect to the claims for financial assistance for immediate needs and economic loss in matter number 212432, are dismissed for want of jurisdiction. (2) The application for administrative review of the Commissioner's decision dated 5 August 2016, with respect to the claim for financial assistance in matter number 233065, is dismissed for want of jurisdiction. (3) The decision of the Commissioner dated 5 August 2016 with respect to the claim for a recognition payment in matter number 233065 is affirmed. Catchwords: Victims Rights and Support – administrative review – Alleged further acts of violence over a period of time –Act of violence not established on the balance of probabilities – Financial Assistance - Jurisdiction of the Tribunal Legislation Cited: Victims Rights and Support Act 2013 Victims Rights and Support Regulation 2013 Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 (No. 2) Cases Cited: BWL v Commissioner of Victims Rights [2015] NSWCATAD 235 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 255 Texts Cited: Statutory Interpretation Australia (8th Edition Pearce and Geddes) Category: Principal judgment Parties: BWL (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: BWL (Applicant in person) Victims Services (Respondent) File Number(s): 1610535 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.