BYZ v Commissioner of Victims Rights [2014] NSWCATAD 168

BYZ v Commissioner of Victims Rights [2014] NSWCATAD 168

Although the Tribunal extended time for the application, BYZ did not establish on the balance of probabilities that the alleged 1977/78 sexual assault at 87 Surrey Street was an act of violence. Her evidence was in significant conflict: one account alleged a broken wrist requiring plaster, while her detailed police statement omitted any wrist injury and described returning to work about 36 hours later. Because BYZ did not attend the hearing, the Tribunal could not test those inconsistencies. The contradiction meant the Tribunal could not attach significant weight to her evidence about the incident and could not be satisfied that an act of violence under section 19(1) of the Victims Rights...

Jurisdiction
Australia
Judgment Date
09 October 2014
Procedural Posture
Application for Administrative Review Under Section 51 of the Victims Rights and Support Act 2013 / Review of the Senior Assessor's Internal Review Decision Dated 23 September 2013; Final Determination
Outcome
The Senior Assessor's internal review decision was affirmed and the application was dismissed, with no order as to costs.
Legal Topics
['administrative Review' 'recognition Payment' 'act of Violence' 'balance of Probabilities' 'civil Standard of Proof' 'contradictory Evidence' 'weight of Evidence' 'extension of Time']
['administrative Law' 'victims Rights and Support'] ['administrative Review' 'recognition Payment' 'act of Violence' 'balance of Probabilities' 'civil Standard of Proof' 'contradictory Evidence' 'weight of Evidence' 'extension of Time']

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Procedural Posture

Application for Administrative Review Under Section 51 of the Victims Rights and Support Act 2013 / Review of the Senior Assessor's Internal Review Decision Dated 23 September 2013; Final Determination

Legal Issues

  1. 1 ['Whether time should be extended for BYZ to lodge the application for administrative review.' 'Whether BYZ established on the balance of probabilities that she was the victim of an act of violence within section 19(1) of the Victims Rights and Support Act 2013.' "What weight should be given to BYZ's evidence where her accounts differed about an alleged broken wrist and subsequent treatment after the alleged sexual assault."]

Ratio Decidendi

Although the Tribunal extended time for the application, BYZ did not establish on the balance of probabilities that the alleged 1977/78 sexual assault at 87 Surrey Street was an act of violence. Her evidence was in significant conflict: one account alleged a broken wrist requiring plaster, while her detailed police statement omitted any wrist injury and described returning to work about 36 hours later. Because BYZ did not attend the hearing, the Tribunal could not test those inconsistencies. The contradiction meant the Tribunal could not attach significant weight to her evidence about the incident and could not be satisfied that an act of violence under section 19(1) of the Victims Rights...

Court Disposition

The Senior Assessor's internal review decision was affirmed and the application was dismissed, with no order as to costs.

Orders

  • ['The decision made by the Senior Assessor upon Internal Review on 23 September 2013 is affirmed.' 'The Application is dismissed.' 'No order as to costs.']