BRH v Commissioner of Victims Rights [2015] NSWCATAD 182

BRH v Commissioner of Victims Rights [2015] NSWCATAD 182

The applicant is eligible for a Category D recognition payment reduced by 10% due to some contributory behaviour under s 44(1)(a); evidence establishes eligibility for a special grant as a transitional claimant under Schedule 2, Clause 5 of the Act; reduction does not apply to the special grant.

Jurisdiction
Australia
Judgment Date
27 August 2015
Procedural Posture
Administrative Review / Final Hearing and Determination; Orders Made
Outcome
Decision of Senior Assessor set aside; orders made in favour of the applicant
Legal Topics
['recognition Payment' 'eligibility' 'reduction Under Act' 'special Grant' 'transitional Claims']
['administrative Law' 'victims Compensation' 'domestic Violence'] ['recognition Payment' 'eligibility' 'reduction Under Act' 'special Grant' 'transitional Claims']

Case Brief

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Procedural Posture

Administrative Review / Final Hearing and Determination; Orders Made

Legal Issues

  1. 1 ['Whether applicant is eligible for a recognition payment under Victims Rights and Support Act 2013' 'Whether applicant is eligible for a special grant under the transitional provisions' 'Whether reduction under section 44(1)(a) applies to special grant']

Ratio Decidendi

The applicant is eligible for a Category D recognition payment reduced by 10% due to some contributory behaviour under s 44(1)(a); evidence establishes eligibility for a special grant as a transitional claimant under Schedule 2, Clause 5 of the Act; reduction does not apply to the special grant.

Court Disposition

Decision of Senior Assessor set aside; orders made in favour of the applicant

Orders

  • ['The decision of the Senior Assessor is set aside.' 'Applicant is eligible for a Category D recognition payment reduced by 10% under section 44(1)(a) (payable in sum of $1,350.00).' 'Applicant is eligible for a special grant payable from the Victims Support Fund in accordance with Schedule 2 Clause 5 (payable in...