CTC v Commissioner of Victims Rights [2017] NSWCATAD 118

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CTC v Commissioner of Victims Rights [2017] NSWCATAD 118 Hearing dates: 1 March 2017 Date of orders: 13 April 2017 Decision date: 13 April 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: The decision of the Senior Assessor dated 8 December 2015 is affirmed. Catchwords: VICTIMS RIGHTS – administrative review – statutory interpretation - whether an application lodged by the applicant's Guardian under 1996 Act was properly made and determined - whether the determination of the application under the 1996 Act is a bar to claiming victims support under the 2013 Act Legislation Cited: Administrative Decisions Review Act 1997 Courts and Crimes Legislation Further Amendment Act 2010 (NSW) Interpretation Act 1987 (NSW) Victims Compensation Act 1987 (NSW) Victims Support and Rehabilitation Act 1996 Victims Rights and Support Act 2013 Victims Rights and Support Regulation 2013 (NSW) Cases Cited: CTK v Commissioner of Victims Rights [2017] NSWCATAD 105 Project Blue Sky v Australian Broadcasting Authority 194 CLR 255 Bropho v Western Australia [1990] HCA 24 Harvey v Victims Compensation Tribunal [2001] NSWDC 604 at [41] Newcrest Mining (WA) and Another v Commonwealth of Australia and Another (1997) 147 ALR 42 C & J Clark v IRC [1973] 1 WLR 905 at 911 Texts Cited: Second Reading Speech of the Victims Rights and Support Bill 2013 – The Hon. Michael Gallacher dated 29 May 2013 Category: Principal judgment Parties: CTC (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: K Avers, Aboriginal Family Violence Prevention & Legal Service (Applicant)