DJD v Commissioner of Victims Rights [2018] NSWCATAD 150

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DJD v Commissioner of Victims Rights [2018] NSWCATAD 150 Hearing dates: 08 June 2018 Date of orders: 17 July 2018 Decision date: 17 July 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The decision of the Respondent dated 10 January 2018 is affirmed. Catchwords: VICTIMS Support – Administrative law – act of violence – sufficiency of evidence - whether applicant primary victim of act of violence Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Victims Rights and Support Act 2013 Victims Support and Rehabilitation Act 1996 (repealed) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: DJD (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: Self-represented (Applicant) H Martin, Victims Services Legal (Respondent) File Number(s): 2018/00040803 Publication restriction: S 64 (1) of the Civil and Administrative Tribunal Act 2013 applies to the identity of the applicant.

Reasons for decision

Introduction 1. The applicant asserts that she is a victim of violent crime and has suffered injury as a result. The victims of crime scheme provides that eligible victims may be eligible for financial grants and access services under the Victims Rights and Support Act 2013 (the Act). 2. In order to be eligible to recover under the scheme, a victim must either be a primary victim (the victim of an assault), or a secondary victim or family victim. As will be explained in these reasons, victims of crime must meet various statutory tests to receive benefits under the scheme. In the current matter, the applicant has failed to establish that she was a victim of a violent crime (the statutory term being 'act of violence') in accordance with the Act, and as a result her application for review will be dismissed and the decision of the respondent will be affirmed.