CRT v Commissioner of Victims Rights [2017] NSWCATAD 174

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CRT v Commissioner of Victims Rights [2017] NSWCATAD 174 Hearing dates: 17 March 2017 Date of orders: 02 June 2017 Decision date: 02 June 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: 1. The decision of the Respondent dated 7 July 2016 is set aside.

2. In substitution for that decision, the following decision is made:

CRT is eligible for a Category B recognition payment in the sum of $10,000. Catchwords: VICTIMS RIGHTS – administrative review – statutory interpretation – eligibility for recognition payment – whether act of violence resulted in serious bodily injury – whether act of violence involved an offensive weapon Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Decisions Tribunal Act 2013 (No. 2) Courts and Crimes Legislation Further Amendment Act 2010 (NSW) Evidence Act 1995 (NSW) Interpretation Act 1987 (NSW) Victims Compensation Act 1987 (NSW) Victims Rights and Support Act 1996 (NSW) Victims Rights and Support Act 2013 (NSW) Victims Rights and Support Regulation 2013 (NSW) Cases Cited: ATX v Victims Compensation Fund Corporation [2015] NSWCATAP 42 Aldridge v Victims Compensation Fund Corporation [2008] NSWSC 724 BDJ v Victims Compensation Fund Corporation (No2). [2014] NSWCATAD 187 Kirk v Independent Liquor and Gaming Authority; Ashton v Independent Liquor and Gaming Authority [2016] NSWCATAD 64 at [27] Kooragang Cement Pty Ltd v Bates [1994] 35 NSWLR 452 R v Donovan [1934] 2 KB 498 at [38] Rejfek v McElroy (1965) 112 CLR 517 at 521-522; (1965) 39 ALJR 177; (1966) ALR 270; [1965] HCA 46 Texts Cited: Macquarie Dictionary Category: Principal judgment Parties: CRT (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: G Craig (Applicant) J Singh (Respondent) File Number(s): 2016/00378293 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.