Sewell v Commissioner of Victims Rights [2017] NSWCATAD 44

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sewell v Commissioner of Victims Rights [2017] NSWCATAD 44 Hearing dates: 16 December 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 20 October 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 Crimes (Sentencing and Procedure) Act 1999 Category: Principal judgment Parties: Andrew Sewell also known as Andrew Ford (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: A Sewell (Applicant in person) Victims Services (Respondent) File Number(s): 1610743 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 Andrew Sewell ("the Applicant") has made an Application for Administrative Review of a Restitution Order made on 20 October 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 6 July 2016. That order was made pursuant to s 64 of the Victims Rights and Support Act 2013 ("VRSA"). 2. On 16 October 2012, the victim made an Application for Compensation under Part 2 of the Victims Support and Rehabilitation Act 1996 ("the old Act"), in which he alleged that he had been the victim of an assault that was committed by the Applicant on 18 April 2012. The victim claimed compensation for the compensable injuries of "Arms: tendon(s)/ligament(s): minor damage (full recovery)" and "Nose: deviated nasal septum requiring septoplasty". 3. The Police COPS Event report indicates that on 18 April 2012, 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 common assault.