BFV v Commissioner of Victims Rights [2014] NSWCATAD 170

BFV v Commissioner of Victims Rights [2014] NSWCATAD 170

Having considered BFV's evidence, the police statements, the medical evidence and the material filed by both parties, the Tribunal was not satisfied on the balance of probabilities that BFV was the victim of an act of violence. The Tribunal found that police acted within their powers and lawful authority in arresting Mrs X and restraining and ultimately arresting BFV while he was deemed to be hindering police, and that BFV's injuries were consistent with the police evidence about the incident. Because an act of violence was not established, the internal review decision was affirmed and the application dismissed.

Jurisdiction
Australia
Judgment Date
10 October 2014
Procedural Posture
Administrative Review of Victims Rights and Support Decision / NCAT Review Under Section 51 of the Victims Rights and Support Act 2013 of a Senior Assessor's Internal Review Decision
Outcome
The Senior Assessor's internal review decision was affirmed and the application was dismissed.
Legal Topics
['act of Violence' 'balance of Probabilities' 'statutory Compensation' 'recognition Payment' 'lawful Arrest' 'reasonable Force']
['administrative Law' 'victims Rights and Support' 'police Powers'] ['act of Violence' 'balance of Probabilities' 'statutory Compensation' 'recognition Payment' 'lawful Arrest' 'reasonable Force']

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Procedural Posture

Administrative Review of Victims Rights and Support Decision / NCAT Review Under Section 51 of the Victims Rights and Support Act 2013 of a Senior Assessor's Internal Review Decision

Legal Issues

  1. 1 ['Whether BFV established on the balance of probabilities that he was the victim of an act of violence within section 19 of the Victims Rights and Support Act 2013.' "Whether the police conduct in arresting Mrs X and restraining or arresting BFV was lawful, such that BFV's injuries were not caused in the course of the commission of an offence." "Whether the Senior Assessor's internal review decision should be affirmed, varied, set aside or remitted."]

Ratio Decidendi

Having considered BFV's evidence, the police statements, the medical evidence and the material filed by both parties, the Tribunal was not satisfied on the balance of probabilities that BFV was the victim of an act of violence. The Tribunal found that police acted within their powers and lawful authority in arresting Mrs X and restraining and ultimately arresting BFV while he was deemed to be hindering police, and that BFV's injuries were consistent with the police evidence about the incident. Because an act of violence was not established, the internal review decision was affirmed and the application dismissed.

Court Disposition

The Senior Assessor's internal review decision was affirmed and the application was dismissed.

Orders

  • ['The decision made by the Senior Assessor upon Internal Review on 19 February 2014 is affirmed.' 'The Application is dismissed.' 'No order as to costs.']