DRJ v Commissioner of Victims Rights; DRK v Commissioner of Victims Rights; DRL v Commissioner of Victims Rights; DRM v Commissioner of Victims Rights; DRN v Commissioner of Victims Rights [2019] NSWCATAD 195

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DRJ v Commissioner of Victims Rights; DRK v Commissioner of Victims Rights; DRL v Commissioner of Victims Rights; DRM v Commissioner of Victims Rights; DRN v Commissioner of Victims Rights [2019] NSWCATAD 195 Hearing dates: 14 June 2019 Date of orders: 20 September 2019 Decision date: 20 September 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: Cole DCJ, Deputy President Decision: 1. The applications are dismissed. 2. The decision of the Commissioner for Victims Rights, by her delegate, Senior Assessor Baker, in relation to the applicants' applications, is affirmed. 3. The publication of the names of each of the applicants together with any evidence provided to the Tribunal tending to identify any of the applicants is prohibited pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: ADMINISTRATIVE LAW – Victim support – jurisdiction Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Australia Act 1986 (Cth) Charter of the United Nations Act 1945 (Cth) Children and Young Persons (Care and Protection) Act 1998 Constitution Act 1902 (NSW) Crime Commission Act 2012 (NSW). Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes Act 1900 (NSW) Criminal Code Act 1995 (Cth) Interest Reduction Act 1931 (NSW) Interpretation Act 1987 (NSW) Victims Rights and Support Act 2013 (NSW) Cases Cited: Blue Metal Industries v Dilley (1969) 117 CLR 651 Certain Lloyd's Underwriters v Cross (2012) 248 CLR 378 Chu Kheng Lim v Minister for Immigration (1992) 176 CLR 1 CIC Insurance v Bankstown Football Club (1997) 187 CLR 384 Commissioner of Taxation v Consolidated Media Holdings (2012) 250 CLR 503 D151 v New South Wales Crime Commission (2017) 94 NSWLR 738 Lacey v Attorney-General of Queensland (2001) 242 CLR 573 Minister of State for Immigration and Ethnic Affairs v Ah Hin Teoh (1995) 183 CLR 273 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355 Re Tracey (2011) 80 NSWLR 261 SAS Trustee Corporation v Miles (2018) 361 ALR 206 Wanganui-Rangitikei Electric Power Board v Australian Provident Society (1934) 50 CLR 581 Waugh v Kippen (1986) 160 CLR 156 Texts Cited: NSW Department of Attorney General and Justice, PricewaterhouseCoopers (PwC), Review of the Victims Compensation Fund, (July 2012) United Nations, Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, (November 1985) United Nations, Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, (December 2005) Category: Principal judgment Parties: Proceedings 2018/398411: DRJ (Applicant) Commissioner of Victims Rights (Respondent)