Singh v Commissioner of Victims Rights [2017] NSWCATAD 135

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Singh v Commissioner of Victims Rights [2017] NSWCATAD 135 Hearing dates: 17 February 2017 Date of orders: 01 May 2017 Decision date: 01 May 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: The Restitution order dated 12 October 2016 is confirmed. Catchwords: Victims Rights and Support – administrative review - restitution order against person convicted of relevant offence – alleged error of law in approving financial support for the victim – alleged financial hardship & impecuniosity Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Crimes (Sentencing and Procedure) Act 1999 Victims Rights and Support Act 2013 Victims Support and Rehabilitation Act 1996 Category: Principal judgment Parties: Uttam Singh (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: LMJ Lawyers (Applicant) Victims Services (Respondent) File Number(s): 2016/00378894 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

REASON FOR DECISION 1. In this matter, Mr Uttam Singh ("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 28 May 2016. That order was made pursuant to s64 of the Victims Rights and Support Act 2013 ("the Act"). 2. On 20 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 he alleged that he had been the victim of an assault that was committed by the Applicant on 2 April 2010. The victim claimed compensation for the compensable injuries of "Injured shoulder; and Chronic psychological disorder". 3. The Police COPS Event report indicates that on 2 April 2010, 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.