Clow v Commissioner of Victims Rights [2017] NSWCATAD 40

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Clow v Commissioner of Victims Rights [2017] NSWCATAD 40 Hearing dates: 18 November 2016 Date of orders: 31 January 2017 Decision date: 31 January 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: The Restitution order dated 23 August 2016 is confirmed. Catchwords: Victims Rights and Support – administrative review - restitution order against person convicted of relevant offence – alleged lack of culpability and financial hardship & impecuniosity Legislation Cited: Civil and Administrative Tribunal Act 2013 (No. 2) Victims Rights and Support Act 2013 Victims Support and Rehabilitation Act 1996 Administrative Decisions Review Act 1997 Category: Principal judgment Parties: Charles Clow (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: H Bannister-Clow (Applicant) Victims Services (Respondent) File Number(s): 1610668 Publication restriction: Section 64 (1) Civil and Administrative Tribunal Act 2013 – Restriction on publication of information that will identify any victims or evidence given and received in this Tribunal hearing or in relation to the proceedings which is likely to identify those persons

REASONS FOR DECISION 1. In this matter, Mr Charles Clow ("the Applicant") has made an Application for Administrative Review of a Restitution Order made on 23 August 2016, by the Delegate of the Commissioner of Victims Rights ("the Commissioner") upon internal review, which varied the amount payable under a Provisional Order for Restitution dated 28 May 2016. That order was made pursuant to s 64 of the Victims Rights and Support Act 2013 ("VRSA"). 2. On 12 September 2011, the victim made an Application for Compensation under Part 2 of the Victims Support and Rehabilitation Act 1996 ("the old Act"), in which she alleged that she had been the victim of an assault that was committed by the Applicant on 17 August 2011. The victim claimed compensation for the compensable injury of "Disease or medical illness lasting 6 to 13 weeks". 3. The Police COPS Event report indicates that on 17 August 2011, the victim reported the act of violence that allegedly occurred that day. As a result of the Police investigation the Applicant was charged with one count of assault occasioning actual bodily harm and one count of knowingly driving a vehicle in a manner that menaces.