DXI v Commissioner of Victims Rights [2019] NSWCATAD 194

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DXI v Commissioner of Victims Rights [2019] NSWCATAD 194 Hearing dates: 6 September 2019 Date of orders: 16 September 2019 Decision date: 16 September 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: The decision of the Senior Assessor dated 12 June 2019 is affirmed. Catchwords: Victims Rights and Support – administrative review – Time limits for an application for victims support – act of violence Legislation Cited: Victims Rights and Support Act 2013 Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Cases Cited: None cited Texts Cited: None cited Category: Principal judgment Parties: DXI (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: Applicant (Self Represented) S Sabesan (Victims Services)(Respondent) File Number(s): 2019/00199319 Publication restriction: A non-publication Order is made under s 64 (1) (b) of the Civil and Administrative Tribunal Act 2013 (No. 2) (NSW).

REASON FOR DECISION 1. These proceedings were commenced by an Application for Administrative Review ('the Application") filed on 27 June 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. The applicant is known by the pseudonym 'DXI'.

Background

Application for Victims Support 1. On 1 March 2018, DXI lodged an Application for Victims Support under the provisions of the Victims Rights and Support Act 2013 ("the Act"), which alleged that he was the primary victim of acts of violence in the nature of robbery and home invasion that was perpetrated by unknown offenders over a period of time from 25 May 2015 to 3 January 2017, at South Kempsey in New South Wales, as follows: Shortly after moving in to mentioned address, a gang armed with knives attempted to break the door unsuccessfully. Then on 10/4/16 they stole property of around $2,500 value and causing more than $2,000 damage. I was not at home at the time. Then on 3/1/17 they broke into my vehicle and stole tools. For some reason I am the only one being targeted in the street. 1. The application alleged that DXI suffered a psychological injury as a result of the acts of violence and that he sought counselling and a recognition payment. However, the application also indicated that DXI sought financial assistance for immediate needs and/or economic loss for "security" and "personal belongings stolen" and stated, relevantly: Apart from stolen goods and damage to my property, I have been spending money drinking and gambling as consequence of the stress and anxiety of living being targeted by those criminals. Since all this started I have wasted around 5000 dollars I had in savings. 1. DXI also indicated that he had made an insurance claim for damage to his property and had paid an excess of $800 and that he reported the acts of violence to NSW Police on 15 May 2015, 10 April 2016 and 3 January 2017. 2. On 24 January 2017, DXI sent an email to the respondent, in which he stated: I recently requested help to improve security around my house. The Item I requested was a higher fence at the back of the property, as the one I currently have is very low and very easy for the criminals who continuously roam around the area…For that purpose I requested a quote on November 2018 and sent it to your mailing address…Today I spoke to one of your officers and was told that requests take up to six months to be resolved, and that I have now to fill another form which she will post to me. My situation is really desperate with thugs and criminals continuously trying to enter my property, last night doe example I heard some of them at the front of the house opening the front gate and entering the carport… Cannot trust the police as they seem not very interested in solving anything… When I first come to this town in 2008 the situation was bad with thugs roaming freely the streets and assaulting elderly people in their homes, ten years later and nothing has changed, and now seem to be worst… Sometimes I really fear for my life and do not sleep at night, and to have an extra security measure could be reassuring. Hope for a prompt reply… 1. A Police COPS Event Report number E58573669 was created on 15 May 2015. This indicates that persons of interest, who were unknown, had attempted to kick DXI's door in while he held the door and requested Police assistance ASAP. It noted that the persons of interest were no longer at the door but it was not known if they were outside. Police recorded the incident as an attempted break and enter. 2. On 8 February 2019, DXI sent a further email to the respondent, in which he stated: I refer to your letter dated 4 February 2019, regarding recognition payment… No new information can be submitted at this point, other than my suspicion that I have been targeted by people who want me out of my house and I cannot find any reason for that, may be they consider me an outsider… To the three attacks reported to the police, other minor incidents of people opening my front gates at night, or jumping over the back fence, or wandering in the nature reserve at the back of the property, have occurred over a period of time… I recently submitted a quote for a higher and more secure fence at the back, thinking it may be considered under Financial Assistance for Immediate Needs/ Home security upgrade, as described in your website. But the officer I spoke recently stated I need to apply for recognition payment, which is a completely different situation… I really would like to be considered for the Financial Assistant / Home security upgrade, and have the fence repaired and probably would deter the thugs who attacked me and broke into my house. As an information for recognition payment, I would like to inform you that the cost of break into my house apart from the 800 dollars I paid the insurance for the excess, to repair damaged doors and doors frames, is more than 4000 dollars as a laptop, and gold jewelry were stolen and never recovered and for which did not have any insurance… One of the jewelry items was a valuable gold chain, a gift from my later mother and obvious impossible to replace. I hope you will give consideration to my request… 1. On 25 February 2019, DXI advised the respondent by email that he did not have receipts for the additional "expenses" referred to in his email dated 8 February 2019. However, on 2 March 2019, the respondent advised DXI by email that receipts were required and that his claim for financial assistance could not be referred to an assessor without them.