BWQ v Commissioner of Victims Rights [2015] NSWCATAD 197

BWQ v Commissioner of Victims Rights [2015] NSWCATAD 197

Because the applicant did not receive the Assessor's decision at her residential address and the substantive evidence showed that she was the victim of related domestic violence assaults causing a serious psychological or psychiatric condition with a debilitating and serious long-term impact, it was necessary to grant leave to protect her interests and to vary the decision to award a Category C recognition payment for grievous bodily harm.

Jurisdiction
Australia
Judgment Date
18 September 2015
Procedural Posture
Application for Administrative Review of a Victims Support Recognition Payment Decision / Leave to Proceed Despite Absence of Internal Review and Merits Determination
Outcome
Leave granted; Assessor's decision varied; applicant awarded a Category C recognition payment of $5,000.
Legal Topics
['recognition Payment' 'primary Victim' 'act of Violence' 'grievous Bodily Harm' 'late Internal Review' 'leave to Proceed Without Internal Review']
['administrative Law' 'victims Support' 'domestic Violence'] ['recognition Payment' 'primary Victim' 'act of Violence' 'grievous Bodily Harm' 'late Internal Review' 'leave to Proceed Without Internal Review']

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Procedural Posture

Application for Administrative Review of a Victims Support Recognition Payment Decision / Leave to Proceed Despite Absence of Internal Review and Merits Determination

Legal Issues

  1. 1 ['Whether leave should be granted for the Application for Administrative Review to proceed despite the applicant making a late application for internal review by the Respondent.' 'Whether the applicant was a primary victim of an act of violence comprising related domestic violence assaults resulting in grievous bodily harm.' 'Whether the recognition payment should be varied from Category D to Category C.']

Ratio Decidendi

Because the applicant did not receive the Assessor's decision at her residential address and the substantive evidence showed that she was the victim of related domestic violence assaults causing a serious psychological or psychiatric condition with a debilitating and serious long-term impact, it was necessary to grant leave to protect her interests and to vary the decision to award a Category C recognition payment for grievous bodily harm.

Court Disposition

Leave granted; Assessor's decision varied; applicant awarded a Category C recognition payment of $5,000.

Orders

  • ['Grant leave to the applicant to file the Application for Administrative Review, despite her making a late application for internal review by the Respondent, pursuant to s 55 (4) and s 55 (5) of the Administrative Decisions Review Act 1997.' 'Pursuant to s 63 (3) (b) of the Administrative Decisions Review Act 1997,...