EDF v Commissioner of Victims Rights [2020] NSWCATAD 80

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EDF v Commissioner of Victims Rights [2020] NSWCATAD 80 Hearing dates: 17 January 2020 Date of orders: 12 March 2020 Decision date: 12 March 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: M Riordan, Senior Member Decision: (1) The decision of the Senior Assessor dated 1 October 2019 is set aside and the matter is remitted to the Respondent for reconsideration in accordance with the following directions: (a) On 18 December 2018, the Application for Victims Support was lodged on behalf of EDF and it was therefore lodged within the time permitted by s 40 of the Act; and (b) On the balance of probabilities, an act of violence was perpetrated against EDF on 10 March 2017. (2) The Application for Administrative Review is dismissed. Catchwords: VICTIMS RIGHTS AND SUPPORT – administrative review – Time for lodgement of Application – Matter remitted to Respondent for reconsideration Legislation Cited: Victims Rights and Support Act 2013 Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Cases Cited: Hong Ye v Minister for Immigration & Multicultural Affairs (1998) 82 FCR 468, at 471 Abidin v Minister for Immigration & Multicultural Affairs [2002] FCA 236 Francis v City of Ringwood (1978) 54 LGRA 323 Texts Cited: Oxford English Dictionary Category: Principal judgment Parties: EDF (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: EDF's Mother (Applicant) Victims Services (Respondent) File Number(s): 2019/00350219 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.