DVS v Commissioner of Victims Rights [2019] NSWCATAD 169

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DVS v Commissioner of Victims Rights [2019] NSWCATAD 169 Hearing dates: 9 August 2019 Date of orders: 20 August 2019 Decision date: 20 August 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: The decision of the Senior Assessor dated 29 November 2018 is affirmed. Catchwords: Victims Rights and Support – administrative review –primary victim of an act of violence – burden of proof Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Interpretation Act 1987 (NSW) Victims Rights and Support Act 2013 (NSW) Cases Cited: R v Butcher [1986] VR 43 R v Knight 35 A Crim R 314 R v Lapa [2004] NSWDRGC 1 Texts Cited: Macquarie Dictionary Category: Principal judgment Parties: DVS (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: DVS (Applicant in person) Victims Services Legal (Respondent) File Number(s): 2019/00129024 Publication restriction: A non-publication Order is made under s 64 (1) of the Civil and Administrative Tribunal Act 2013 (No. 2) (NSW) in respect of the names of private individuals, and other information which might identify them.

REASONS FOR DECISION 1. These proceedings were commenced by an Application for Administrative Review ('the Application") filed on 26 April 2019, in which the applicant sought administrative review of a decision made by a delegate of the Respondent in respect of an Application for Victims Support that she lodged on behalf of her Son on 29 November 2018. The applicant is known by the pseudonym 'DVS'.