Xiang v Commissioner of Victims Rights [2017] NSWCATAD 316

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Xiang v Commissioner of Victims Rights [2017] NSWCATAD 316 Hearing dates: 9 June 2017 Date of orders: 09 June 2017 Decision date: 31 October 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: 1. The decision of the Commissioner's delegate is varied.

2. The applicant to pay the sum of $1,500 by way of restitution, by equal instalments of $50 per month. Catchwords: Victims' Rights and Support – administrative review - restitution order against person convicted of relevant offence – dispute regarding culpability despite a plea of guilty and conviction – Allegations that the approval of victims support was based upon fraud – application of s 56 of Victims Rights and Support Act 2013 - alleged financial hardship and 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: Weidong Xiang - Applicant Commissioner of Victims Rights – Respondent Representation: Solicitors: Weidong Xiang – Applicant in person Victims Services Legal – Respondent File Number(s): 2017/00058572 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