BQG v Commissioner of Victims Rights [2015] NSWCATAD 63

BQG v Commissioner of Victims Rights [2015] NSWCATAD 63

The evidence before the Tribunal did not satisfy the statutory or common law definition of 'grievous bodily harm.' As a result, BQG was not eligible for a category C recognition payment; a category D recognition payment was affirmed.

Jurisdiction
Australia
Judgment Date
02 April 2015
Procedural Posture
Administrative Review / Appeal Determination
Outcome
Decision of the Respondent affirmed
Legal Topics
['statutory Interpretation' 'domestic Violence' 'recognition Payments' 'compensation Eligibility']
['administrative Law' 'victims Compensation'] ['statutory Interpretation' 'domestic Violence' 'recognition Payments' 'compensation Eligibility']

Case Brief

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Procedural Posture

Administrative Review / Appeal Determination

Legal Issues

  1. 1 ['Whether BQG is eligible for a higher category of recognition payment under the Victims Rights and Support Act 2013' "Interpretation of 'grievous bodily harm' under statutory and common law definitions"]

Ratio Decidendi

The evidence before the Tribunal did not satisfy the statutory or common law definition of 'grievous bodily harm.' As a result, BQG was not eligible for a category C recognition payment; a category D recognition payment was affirmed.

Court Disposition

Decision of the Respondent affirmed

Orders

  • ['Decision of the Respondent is affirmed' 'An award for costs in the sum of $500.00 is made']