BWL v Commissioner of Victims Rights [2015] NSWCATAD 235

BWL v Commissioner of Victims Rights [2015] NSWCATAD 235

The Tribunal found that BWL was the primary victim of an indecent assault and harassment committed over a period of time by the same offender, constituting a series of related acts under the Act. Despite pre-existing psychological injury, the eggshell psyche principle applied, and her current condition was a direct result of the acts of violence. BWL was thus eligible for a Category B recognition payment of $10,000.

Parties
Applicant: BWL; Respondent: Commissioner of Victims Rights
Jurisdiction
Australia
Judgment Date
09 October 2015
Procedural Posture
Administrative Review / Decision on Merits Following Reinstatement of Application
Outcome
Decision of Senior Assessor set aside; substituted decision made in favour of BWL
Legal Topics
Recognition Payment, Sexual Assault, Indecent Assault, Acts of Violence, Series of Related Acts
Victims Support Administrative Law Recognition Payment Sexual Assault Indecent Assault Acts of Violence Series of Related Acts

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Parties

BWL

Applicant

Commissioner of Victims Rights

Respondent

Procedural Posture

Administrative Review / Decision on Merits Following Reinstatement of Application

Legal Issues

  1. 1 Whether BWL was the primary victim of an act of violence
  2. 2 Whether BWL is eligible for a Category B recognition payment under the Victims Rights and Support Act 2013
  3. 3 Whether acts of violence formed a series of related acts

Ratio Decidendi

The Tribunal found that BWL was the primary victim of an indecent assault and harassment committed over a period of time by the same offender, constituting a series of related acts under the Act. Despite pre-existing psychological injury, the eggshell psyche principle applied, and her current condition was a direct result of the acts of violence. BWL was thus eligible for a Category B recognition payment of $10,000.

Court Disposition

Decision of Senior Assessor set aside; substituted decision made in favour of BWL

Orders

  • BWL was the primary victim of an act of violence pursuant to s 19 and s 20 of the Victims Rights and Support Act 2013
  • BWL is eligible for a recognition payment under Category B as victim of sexual assault, indecent assault or attempted sexual assault involving violence that is one of a series of related acts