BXB v Commissioner for Victims Rights [2015] NSWCATAD 173

BXB v Commissioner for Victims Rights [2015] NSWCATAD 173

The Tribunal granted leave to proceed without internal review because it was necessary to protect the applicant's interests and the application was made within a reasonable time. On the merits, evidence of physical violence, counselling material and oral evidence established that the applicant was a victim of an act of violence within s 19 of the Victims Rights and Support Act 2013 that resulted in injury. No s 44 issue warranted refusal or reduction. However, in the absence of cogent psychological or psychiatric evidence establishing grievous bodily harm, the applicant was entitled only to a category D recognition payment under s 35(4)(d), not a category C payment.

Jurisdiction
Australia
Judgment Date
31 July 2015
Procedural Posture
Application for Administrative Review of Decision Concerning Recognition Payment Under the Victims Rights and Support Act 2013 / Leave to Proceed in the Absence of Internal Review and Decision on the Merits
Outcome
Leave granted to proceed to administrative review; applicant found eligible for a category D recognition payment.
Legal Topics
['recognition Payment' 'act of Violence' 'primary Victim' 'internal Review' 'external Review' 'leave to Proceed' 'category D Recognition Payment']
['administrative Law' 'victims Support' 'domestic Violence'] ['recognition Payment' 'act of Violence' 'primary Victim' 'internal Review' 'external Review' 'leave to Proceed' 'category D Recognition Payment']

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Procedural Posture

Application for Administrative Review of Decision Concerning Recognition Payment Under the Victims Rights and Support Act 2013 / Leave to Proceed in the Absence of Internal Review and Decision on the Merits

Legal Issues

  1. 1 ['Whether the applicant could proceed to administrative review despite no internal review having been completed within time.' 'Whether the applicant was a victim of an act of violence within the meaning of s 19 of the Victims Rights and Support Act 2013.' 'Whether any matters under s 44 of the Victims Rights and Support Act 2013 required refusal or reduction of support or recognition payment.' 'Whether the applicant was entitled to a category C or category D recognition payment.']

Ratio Decidendi

The Tribunal granted leave to proceed without internal review because it was necessary to protect the applicant's interests and the application was made within a reasonable time. On the merits, evidence of physical violence, counselling material and oral evidence established that the applicant was a victim of an act of violence within s 19 of the Victims Rights and Support Act 2013 that resulted in injury. No s 44 issue warranted refusal or reduction. However, in the absence of cogent psychological or psychiatric evidence establishing grievous bodily harm, the applicant was entitled only to a category D recognition payment under s 35(4)(d), not a category C payment.

Court Disposition

Leave granted to proceed to administrative review; applicant found eligible for a category D recognition payment.

Orders

  • ['Leave granted to proceed to administrative review.' 'Pursuant to section 35 (1) (e) of the Victims Rights and Support Act 2013 the applicant is eligible for a recognition payment.' 'The applicant is entitled to a category D recognition payment under s 35(4) (d) of the Victims Rights and Support Act 2013.']