DMB v Commissioner of Victims Rights [2019] NSWCATAD 9

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DMB v Commissioner of Victims Rights [2019] NSWCATAD 9 Hearing dates: 28 September 2018; Submissions closed:22 October 2018 Date of orders: 04 January 2019 Decision date: 04 January 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The decision of the respondent dated 14 May 2018 is affirmed. (2) The application is dismissed. Catchwords: VICTIMS Support – Administrative law – act of violence – whether deceased died due to the unlawful action of another or others – homicide – family victim – standing as family victim subject to act of violence - sufficiency of evidence - whether deceased primary victim a victim of an act of violence causing death Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Coroners Act 2009 Victims Rights and Support Act 2013 Victims Support and Rehabilitation Act 1996 (repealed) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: DMB (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: DMB (Self Represented) (Applicant) H Martin (Victims Services Legal) (Respondent) File Number(s): 2018/00171778 Publication restriction: S 64 (1) of the Civil and Administrative Tribunal Act 2013 applies to the identity of the applicant.

REASONS FOR DECISION