CDK v Commissioner of Victims Rights [2016] NSWCATAD 300

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CDK v Commissioner of Victims Rights [2016] NSWCATAD 300 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: The decision of the Senior Assessor dated 30 July 2016 is affirmed. 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 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 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 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)

6 November 2015 - S Matulewicz, Victims Services, (Respondent) 7 October 2016 - J Singh, Victims Services, (Respondent) File Number(s): 1510574 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.