BFO v Commissioner of Victims Rights [2014] NSWCATAD 175

BFO v Commissioner of Victims Rights [2014] NSWCATAD 175

Clause 5(3) of Schedule 2 of the VRSA explicitly limits special grants to claims lodged within the 'prescribed period' (2 years after the act of violence or after turning 18). BFO's historical claims did not meet these timeframes, and although leave was granted to lodge out of time for other forms of support, the special grant eligibility is strictly confined to applications within the prescribed period, with no discretion for extension. Accordingly, BFO cannot receive a special grant under the transitional provision.

Jurisdiction
Australia
Judgment Date
21 October 2014
Procedural Posture
Administrative Review / Tribunal Determination After Internal Review
Outcome
Applications for administrative review dismissed; decisions of the Senior Assessor affirmed.
Legal Topics
['victims Compensation Eligibility' 'statutory Interpretation' 'transitional Provisions' 'limitation Periods']
['administrative Law' 'victims Compensation'] ['victims Compensation Eligibility' 'statutory Interpretation' 'transitional Provisions' 'limitation Periods']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Review / Tribunal Determination After Internal Review

Legal Issues

  1. 1 ['Whether BFO is eligible for a special grant under Clause 5(3) of Schedule 2 of the Victims Rights and Support Act 2013 given the date of lodging her claims' "Interpretation of 'prescribed period' in the transitional provisions of the Act"]

Ratio Decidendi

Clause 5(3) of Schedule 2 of the VRSA explicitly limits special grants to claims lodged within the 'prescribed period' (2 years after the act of violence or after turning 18). BFO's historical claims did not meet these timeframes, and although leave was granted to lodge out of time for other forms of support, the special grant eligibility is strictly confined to applications within the prescribed period, with no discretion for extension. Accordingly, BFO cannot receive a special grant under the transitional provision.

Court Disposition

Applications for administrative review dismissed; decisions of the Senior Assessor affirmed.

Orders

  • ['The decision made by the Senior Assessor upon Internal Review on 2 January 2014 (in each claim) is affirmed.' 'In each matter the application is dismissed.' 'In each matter there is no order as to costs.']