BGD v Commissioner for Victims Rights [2014] NSWCATAD 181

BGD v Commissioner for Victims Rights [2014] NSWCATAD 181

Time was extended for the application, but the application was dismissed because no internal review had occurred and the statutory exceptions in section 55(4) of the Administrative Decisions Review Act 1997 were not satisfied. The Commissioner had not unreasonably refused the late internal review because section 49(2) of the Victims Rights and Support Act 2013 used mandatory language and conferred no discretion to accept a late internal review. It was also not necessary to deal with the application to protect BGD's interests because the substantive claim for a special grant would fail: clause 5(3) of Schedule 2 limited eligibility to applications that would have been duly lodged within...

Jurisdiction
Australia
Judgment Date
27 October 2014
Procedural Posture
Administrative Review of Victims Support Decision / Application for Administrative Review; Extension of Time and Threshold Jurisdiction Issues Considered
Outcome
Application dismissed; time to appeal extended; no order as to costs.
Legal Topics
['victims Support Recognition Payment' 'special Grant Under Schedule 2 Clause 5(3) of the Victims Rights and Support Act 2013' 'internal Review Precondition' 'extension of Time' 'beneficial Legislation']
['administrative Law' 'victims Compensation' 'statutory Interpretation'] ['victims Support Recognition Payment' 'special Grant Under Schedule 2 Clause 5(3) of the Victims Rights and Support Act 2013' 'internal Review Precondition' 'extension of Time' 'beneficial Legislation']

Case Brief

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Procedural Posture

Administrative Review of Victims Support Decision / Application for Administrative Review; Extension of Time and Threshold Jurisdiction Issues Considered

Legal Issues

  1. 1 ['Whether time should be extended for BGD to lodge the application for administrative review.' 'Whether the Tribunal could deal with the application despite no internal review having occurred under section 49 of the Victims Rights and Support Act 2013.' 'Whether BGD was eligible for a special grant of $5,000 under clause 5(3) of Schedule 2 to the Victims Rights and Support Act 2013.' 'Whether a beneficial construction of the legislation permitted the Tribunal to depart from the prescribed lodgement requirements.']

Ratio Decidendi

Time was extended for the application, but the application was dismissed because no internal review had occurred and the statutory exceptions in section 55(4) of the Administrative Decisions Review Act 1997 were not satisfied. The Commissioner had not unreasonably refused the late internal review because section 49(2) of the Victims Rights and Support Act 2013 used mandatory language and conferred no discretion to accept a late internal review. It was also not necessary to deal with the application to protect BGD's interests because the substantive claim for a special grant would fail: clause 5(3) of Schedule 2 limited eligibility to applications that would have been duly lodged within...

Court Disposition

Application dismissed; time to appeal extended; no order as to costs.

Orders

  • ['I extend time for BGD to appeal to the Tribunal until 5:00pm 26 March 2014.' 'The application is dismissed.' 'No order as to costs.']