DSX v Commissioner of Victims Rights [2019] NSWCATAD 137

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DSX v Commissioner of Victims Rights [2019] NSWCATAD 137 Hearing dates: On the papers Date of orders: 15 July 2019 Decision date: 15 July 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: Pursuant to s 63 (3) (a) of the ADR Act, the decision of the Senior Assessor dated 21 January 2019 is affirmed. Catchwords: Victims rights and support – administrative review – statutory interpretation – meaning of "motor vehicle accident" under s 25 (2) of the Victims Rights and Support Act 2013 – whether applicant is entitled to victims support in respect of the act of violence Legislation Cited: Victims Support and Rehabilitation Act 1996 Victims Rights and Support Act 2013 Motor Accidents Compensation Act 1999 Administrative Decisions Review Act 1997 Cases Cited: Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 255 Victims Compensation Fund Corporation v Brown [2003] HCA 54 Victims Compensation Fund v Brown [2002] NSWCA 155 Fleming v White [1981] 2 NSWLR 719 at [722]) Elena Harvey and Victims Compensation Tribunal & Anor [2001] NSWSC 604 Texts Cited: Statutory Interpretation in Australia 5th Ed Pearce and Geddes (Butterworths) Category: Principal judgment Parties: DSX (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors:

J Thompson, Commins Hendricks (Applicant) S Sabesan, Victims Services (Respondent) File Number(s): 2019/00057724 Publication restriction: Section 64 (1) Civil and Administrative Tribunal Act 2013 – Restriction on publication of information that will identify any victims or evidence given and received in this Tribunal hearing or in relation to the proceedings which is likely to identify those persons.