CDK v Commissioner of Victims Rights [2016] NSWCATAD 299

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CDK v Commissioner of Victims Rights [2016] NSWCATAD 299 Hearing dates: 6 November 2015 & 7 October 2016 Date of orders: 20 December 2016 Decision date: 20 December 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: 1. The decision of the Senior Assessor dated 30 July 2015 is set aside. 2. In substitution for that decision, the following decision is made:

A category C recognition payment is approved in the sum of $5,000 Catchwords: Victims Rights and Support – administrative review –whether "act of violence" established – whether Applicant was the primary victim of an act of violence - Memory Evidence – Application of Judicial Commission of NSW Guidelines on Memory and the Law - act of violence established on balance of probabilities – eligibility for victims support - application of s 44(1) of the Victims Rights and Support Act 2013 Legislation Cited: Victims Rights and Support Act 2013 Civil and Administrative Tribunal Act 2013 Victims Rights and Support Regulation 2013 Crimes (Domestic and Personal Violence) Act 2007 Crimes Act 1900 Administrative Decisions Review Act 1997 Cases Cited: Fox v Percy (2003) 214 CLR 118 De Domenico v Marshall [2001] ACTSC 52 Re Marshall & Discrimination Commissioner; Australian Capital Territory 52 ALD 361 R v Powell (Michael John) (2006) EWCA Crim 3 R V Thorne (unreported, Court of Criminal Appeal, 19 June 1995) R v Norman (1993) 87 CCC (3d) 153 at 168-169 R v R (1994) CRNZ 402 Texts Cited: Guidelines on Memory and the Law –Judicial Commission of New South Wales Category: Principal judgment Parties: CDK (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: CDK (Applicant in person)