CBU v Commissioner of Victims Rights [2015] NSWCATAD 196

CBU v Commissioner of Victims Rights [2015] NSWCATAD 196

The Tribunal accepted that the applicant did not receive the Assessor's decision in time to seek internal review and lodged the Tribunal application within a reasonable time after becoming aware of it, making review necessary to protect his interests. On the evidence, including the statutory declaration and absence of contradictory evidence, the applicant was more probably than not a primary victim of an act of violence and suffered a laceration injury to his right hand. Because his old Act application was not finally determined before commencement of the Victims Rights and Support Act 2013, it had to be assessed as an application for victims support, entitling him to a Category C...

Jurisdiction
Australia
Judgment Date
28 September 2015
Procedural Posture
Application for Administrative Review of Victims Support Decision / Review of Assessor's Decision Dated 13 January 2015
Outcome
The Assessor's decision dated 13 January 2015 was set aside and a substituted decision was made awarding victims support, subject to reduction and set off.
Legal Topics
['victims Support' 'recognition Payment' 'act of Violence' 'primary Victim' 'internal Review Out of Time' 'set Off Against Restitution Order' 'failure to Provide Reasonable Assistance to Police']
['administrative Law' 'victims Rights and Support'] ['victims Support' 'recognition Payment' 'act of Violence' 'primary Victim' 'internal Review Out of Time' 'set Off Against Restitution Order' 'failure to Provide Reasonable Assistance to Police']

Case Brief

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Procedural Posture

Application for Administrative Review of Victims Support Decision / Review of Assessor's Decision Dated 13 January 2015

Legal Issues

  1. 1 ['Whether the Tribunal had jurisdiction to determine the application despite the applicant not having duly applied for internal review within time.' 'Whether the applicant was more probably than not the primary victim of an act of violence under ss 19 and 20 of the Victims Rights and Support Act 2013.' 'Whether the applicant was eligible for a Category C recognition payment and a special grant under sch 2 cl 5(3) of the Victims Rights and Support Act 2013.' 'Whether the recognition payment should be reduced under s 44(1)(e) of the Victims Rights and Support Act 2013 because the applicant failed to provide reasonable assistance to police.' 'Whether an earlier restitution order should be set off against the victims support award under s 45 of the Victims Rights and Support Act 2013.']

Ratio Decidendi

The Tribunal accepted that the applicant did not receive the Assessor's decision in time to seek internal review and lodged the Tribunal application within a reasonable time after becoming aware of it, making review necessary to protect his interests. On the evidence, including the statutory declaration and absence of contradictory evidence, the applicant was more probably than not a primary victim of an act of violence and suffered a laceration injury to his right hand. Because his old Act application was not finally determined before commencement of the Victims Rights and Support Act 2013, it had to be assessed as an application for victims support, entitling him to a Category C...

Court Disposition

The Assessor's decision dated 13 January 2015 was set aside and a substituted decision was made awarding victims support, subject to reduction and set off.

Orders

  • ['The decision made by the Assessor on 13 January 2015 is set aside.' 'Award for CBU in the sum of $8,500.' 'Pursuant to s 45(1) of VRSA, the amount of the award is reduced by $1,000 by way of set off against the restitution order dated 23 November 2004.']