DKJ v Commissioner of Victims Rights [2018] NSWCATAD 270

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DKJ v Commissioner of Victims Rights [2018] NSWCATAD 270 Hearing dates: 13 July 2018, Submissions closed 20 August 2018 Date of orders: 26 November 2018 Decision date: 26 November 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer Senior Member Decision: (1) The decision of the respondent dated 25 January 2018 is set aside. (2) Two recognition payments are provided by way of the giving of support under section 26 (1) (d) as Category D Recognition payments. (3) The applicant is to be provided with total recognition payments in the amount of $3,000.00 less any recognition payment amounts already paid. Catchwords: VICTIMS Support – Administrative law – act of violence – whether series of related acts – whether all acts within application constitute single act of violence or more than one act of violence - sufficiency of evidence - whether applicant primary victim of act of violence causing grievous bodily harm Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Victims Rights and Support Act 2013 Victims Support and Rehabilitation Act 1996 (repealed) Cases Cited: BQG v Commissioner of Victims Rights [2015] NSWCATAD 63 CZU v Commissioner of Victims Rights [2017] NSWCATAD 240 DEL v Commissioner of Victims Rights [2017] NSWCATAD 376 Texts Cited: Nil Category: Principal judgment Parties: DKJ (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: Applicant, In person Victims Services Legal (Respondent) File Number(s): 2018/00099546 Publication restriction: S 64 (1) of the Civil and Administrative Tribunal Act 2013 applies to the identity of the applicant.