CSN v Commissioner of Victims Rights [2017] NSWCATAD 139

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CSN v Commissioner of Victims Rights [2017] NSWCATAD 139 Hearing dates: 20 January 2017 Date of orders: 02 May 2017 Decision date: 02 May 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: 1. Pursuant to s 63 (3) (c) of the ADR Act, the decisions of the Assessor (client claims) dated 7 May 2014 and the Senior Assessor dated 8 August 2014, respectively, are set aside. 2. I make the following decision in substitution: a) The applicant was the primary victim of an act of violence, in the nature of sexual assaults, which were a series of related acts. b) The applicant is eligible for a Category B recognition payment in the sum of $10,000. Catchwords: Victims Rights and Support – administrative review –standard of proof – statutory interpretation - act of violence - whether decision to approve counselling for 10 hours involves an acceptance that an act of violence is established - act of violence established on balance of probabilities – eligibility for recognition payment Legislation Cited: Victims Rights and Support Act 2013 Victims Rights and Support Regulation 2013 Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 (No. 2) (NSW) Acts Interpretation Act 1901 (Cth) Cases Cited: Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 255 Fleming v White [1981] 2 NSWLR 719 at [722] Elena Harvey v Victims Compensation Tribunal & Anor [2001] NSWSC 604 Texts Cited: Second Reading Speech of the Victims Rights and Support Bill 2013 – The Hon. Michael Gallacher dated 29 May 2013 Statutory Interpretation Australia (8th Edition Pearce and Geddes) Category: Principal judgment Parties: CSN (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: R Manwaring (Disability Support Advocate) –(Applicant ) J Singh (Victims Services) - Respondent File Number(s): 2016/00378350 Publication restriction: A non-publication Order is made under s 64 (1) of the Civil and Administrative Tribunal Act 2013 (No. 2) (NSW) in respect of the names of private individuals, and other information which might identify them.