BMF v Commissioner of Victims Rights [2020] NSWCATAD 97

BMF v Commissioner of Victims Rights [2020] NSWCATAD 97

The Tribunal affirmed four decisions because the relevant evidence did not establish a non-duplicate act of violence, violent conduct apparently occurring in the course of an offence, or verified injury as required by the Act. It set aside three decisions because the evidence, including police and counselling material, established acts of violence and psychological harm sufficient to satisfy ss 19 and 39 of the Victims Rights and Support Act 2013 (NSW), with no basis to refuse or reduce support under s 44.

Jurisdiction
Australia
Judgment Date
03 April 2020
Procedural Posture
Administrative Review of Decisions Concerning Victims Support Recognition Payments Under the Victims Rights and Support Act 2013 (nsw) / Final Decision After Hearing
Outcome
Four decisions affirmed and three decisions set aside with substituted decisions granting recognition payments; total recognition payments of $13,000 awarded.
Legal Topics
['recognition Payments' 'act of Violence' 'primary Victim' 'sufficiency of Evidence' 'medical or Counselling Evidence of Injury' 'police Reports' 'sexual Assault' 'assault' 'domestic and Family Violence' 'duplicate Claim']
['administrative Law' 'victims Support'] ['recognition Payments' 'act of Violence' 'primary Victim' 'sufficiency of Evidence' 'medical or Counselling Evidence of Injury' 'police Reports' 'sexual Assault' 'assault' 'domestic and Family Violence' 'duplicate Claim']

Case Brief

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Procedural Posture

Administrative Review of Decisions Concerning Victims Support Recognition Payments Under the Victims Rights and Support Act 2013 (nsw) / Final Decision After Hearing

Legal Issues

  1. 1 ['Whether the applicant established in each claim that she was a victim of an act of violence under the Victims Rights and Support Act 2013 (NSW).' 'Whether documentary evidence, including police reports and medical or counselling reports, satisfied s 39 of the Victims Rights and Support Act 2013 (NSW).' 'Whether the applicant suffered injury as a direct result of the alleged acts of violence.' 'Whether one claim was a duplicate of a claim previously determined by the Tribunal.' 'Whether any basis existed under s 44 of the Victims Rights and Support Act 2013 (NSW) to refuse or reduce victims support.']

Ratio Decidendi

The Tribunal affirmed four decisions because the relevant evidence did not establish a non-duplicate act of violence, violent conduct apparently occurring in the course of an offence, or verified injury as required by the Act. It set aside three decisions because the evidence, including police and counselling material, established acts of violence and psychological harm sufficient to satisfy ss 19 and 39 of the Victims Rights and Support Act 2013 (NSW), with no basis to refuse or reduce support under s 44.

Court Disposition

Four decisions affirmed and three decisions set aside with substituted decisions granting recognition payments; total recognition payments of $13,000 awarded.

Orders

  • ['In proceedings 2019/00067763 the decision of the respondent of 2 November 2019 is affirmed.' 'In proceedings 2019/00067771 the decision of the respondent of 2 November 2019 is affirmed.' 'In proceedings 2019/00067746 the decision of the respondent of 2 November 2019 is affirmed.' 'In proceedings 2019/00067758 the...