DOD v Commissioner of Victims Rights [2018] NSWCATAD 249

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DOD v Commissioner of Victims Rights [2018] NSWCATAD 249 Hearing dates: 5 October 2018 Date of orders: 24 October 2018 Decision date: 24 October 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: Pursuant to s 63 (3) (a) of the ADR Act the review decision dated 24 July 2018 is affirmed. Catchwords: Victims Rights and Support – administrative review –act of violence – whether the arrest of the applicant was lawful – whether the discontinuance of the arrest was lawful - no jurisdiction to review decisions regarding financial assistance for immediate needs or economic loss – no entitlement to a recognition payment Legislation Cited: Victims Rights and Support Act 2013 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Administrative Decisions Review Act 1997 (NSW) Crimes Act 1900 (NSW) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) Police Act 1990 (NSW) Cases Cited: Bales v Parmeter (1935) 35 SR (NSW) 182 CIC Insurance Limited v Bankstown Football Club Limited (1997) 187 CLR 384 Christie v Leachinsky [1947] AC 573 Clyne v State of New South Wales [2012] NSWCA 265 Dowse v State of New South Wales (2012) 226 A Crim R 36 Jones v Australian Competition and Consumer Commission (2010) 189 FCR 390 Jones v Dunkel (1959) 101 CLR 298 North Australian Aboriginal Justice Agency Limited v Northern Territory (2015) 256 CLR 569 Robinson v State of New South Wales [2018] NSWCA 231 Stephen Edward Foster v The Queen (1993) 67 ALJR 550 SZTAL v Minister for Immigration and Border Protection; SZTGM v Minister for Immigration and Border Protection (2017) 91 ALJR 936 Sirakas v Alstom Limited & Ors [2012] NSWCA 203 Thompson v Vincent (2005) 153 A Crim R 577 Vikramdeep Singh v Department of Public Prosecutions (NSW) (2006) 164 A Crim R 284 Williams v The Queen (1986) 161 CLR 278 Wilson v State of New South Wales (2010) 278 ALR 74 Wright v Court (1825) 107 ER 1182 Zaravinos v State of New South Wales; State of New South Wales & Ors v Zaravinos (2004) 62 NSWLR 58 Category: Principal judgment Parties: DOD (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: DOD (Applicant in person) S Sabesan, Victims Services (Respondent) File Number(s): 2018/00246484 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.