DLO v Commissioner of Victims Rights [2018] NSWCATAD 240

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DLO v Commissioner of Victims Rights [2018] NSWCATAD 240 Hearing dates: On papers Date of orders: 16 October 2018 Decision date: 16 October 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: (1) The time for filing the application is extended to the date 10 May 2018 pursuant to s 41 of the CAT Act. (2) Pursuant to s 63 (3) (c) of the ADR Act the review decision dated 15 November 2015 is set aside and the following decision is made by way of substitution: (a) DLO is awarded a recognition payment in the sum of $5,000 pursuant to cl 12 of the Regulation. Catchwords: Victims Rights and Support – administrative review –leave to proceed out of time – reasonable time to lodge application – reasonable explanation for delay – no jurisdiction to review decisions regarding financial assistance for immediate needs or economic loss - recognition payment – whether the applicant suffered grievous bodily harm Legislation Cited: Victims Rights and Support Act 2013 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Victims Rights and Support Regulation 2013 (NSW) Administrative Decisions Review Act 1997 (NSW) Cases Cited: AM v R [2012] NSWCA 203 BJR v R [2008] NSWCCA 43 Haoui v Regina [2008] NSWCCA 209 Kooragang Cement Pty Ltd v Bates 35 NSWLR 452 Overall v R 71 A Crim R 170 R v Woodland [2007] NSWCCA 29 Regina v Remilton [2001] NSWCCA 546 Regina v Shannon [2003] NSWCCA 106 Regina v Sumeo [2002] NSWCCA 271 Regina v Williams [2005] NSWCCA 14 Roger Lee Vann v Craig Michael Palmer [2001] ACTSC 12 Turner v Commissioner of Police NSW Police Force [201] NSWCATAP 27 Vikramdeep Singh v Department of Public Prosecutions ((NSW) [2006] NSWCCA 333 Category: Principal judgment Parties: DLO (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: DLO (Applicant in person) H Martin, Victims Services (Respondent) File Number(s): 2018/00146816 Publication restriction: A Non-Publication Order is made under section 64 (1) Civil and Administrative Tribunal Act 2013 (NSW) in respect of the names of private individuals, and other information which might identify them.