BMF v Commissioner of Victims Rights [2016] NSWCATAD 144

BMF v Commissioner of Victims Rights [2016] NSWCATAD 144

The Tribunal has jurisdiction to review the decision relating to recognition payment but not financial assistance under the Act; the applicant suffered grievous bodily harm as a result of the act of violence and is eligible for a Category C recognition payment of $5,000.

Parties
Applicant: BMF; Respondent: Commissioner of Victims Rights
Jurisdiction
Australia
Judgment Date
06 July 2016
Procedural Posture
Administrative Review / Final Determination
Outcome
Application for administrative review with respect to financial support is dismissed for want of jurisdiction; Senior Assessor's decision on recognition payment set aside and substituted with Category C payment
Legal Topics
Recognition Payment, Jurisdiction of NCAT, Domestic Violence, Grievous Bodily Harm, Statutory Interpretation
Victims Support Administrative Law Recognition Payment Jurisdiction of NCAT Domestic Violence Grievous Bodily Harm Statutory Interpretation

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Parties

BMF

Applicant

Commissioner of Victims Rights

Respondent

Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 Does the Tribunal have jurisdiction to review decisions regarding financial assistance under the Victims Support Scheme?
  2. 2 Is the applicant eligible for a Category C recognition payment for grievous bodily harm as a result of an act of violence in November 2015?
  3. 3 Was there an act of violence and injury within the meaning of the Victims Rights and Support Act 2013?

Ratio Decidendi

The Tribunal has jurisdiction to review the decision relating to recognition payment but not financial assistance under the Act; the applicant suffered grievous bodily harm as a result of the act of violence and is eligible for a Category C recognition payment of $5,000.

Court Disposition

Application for administrative review with respect to financial support is dismissed for want of jurisdiction; Senior Assessor's decision on recognition payment set aside and substituted with Category C payment

Orders

  • The application for administrative review with respect to financial support is dismissed.
  • The decision of the Senior Assessor dated 15 April 2016 is set aside.