CDK v Commissioner of Victims Rights [2016] NSWCATAD 299

CDK v Commissioner of Victims Rights [2016] NSWCATAD 299

Applying the Guidelines on Memory and the Law and considering the relevant statutory definitions, the Tribunal formed the view, on the balance of probabilities, that CDK's detailed and consistent recollections of the assault at age 7–12 were credible and sufficient to establish that she was the primary victim of an act of violence (sexual assault) perpetrated by her father, entitling her to a Category C recognition payment under s 35 of the Victims Rights and Support Act 2013. There were no s 44 factors justifying reduction or refusal of the award.

Jurisdiction
Australia
Judgment Date
20 December 2016
Procedural Posture
Administrative Review / Final Decision
Outcome
Senior Assessor's decision set aside; substituted decision made in applicant's favour.
Legal Topics
['victims Rights and Support — Act of Violence — Memory Evidence — Application of Guidelines on Memory and the Law — Eligibility for Support — Administrative Review']
['victims Compensation' 'administrative Law'] ['victims Rights and Support — Act of Violence — Memory Evidence — Application of Guidelines on Memory and the Law — Eligibility for Support — Administrative Review']

Case Brief

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Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 ["Whether an 'act of violence' was established on the balance of probabilities" 'Whether applicant, CDK, was the primary victim of an act of violence' 'Application of Guidelines on Memory and the Law to recovered memory evidence' 'Eligibility for victims support under the Victims Rights and Support Act 2013']

Ratio Decidendi

Applying the Guidelines on Memory and the Law and considering the relevant statutory definitions, the Tribunal formed the view, on the balance of probabilities, that CDK's detailed and consistent recollections of the assault at age 7–12 were credible and sufficient to establish that she was the primary victim of an act of violence (sexual assault) perpetrated by her father, entitling her to a Category C recognition payment under s 35 of the Victims Rights and Support Act 2013. There were no s 44 factors justifying reduction or refusal of the award.

Court Disposition

Senior Assessor's decision set aside; substituted decision made in applicant's favour.

Orders

  • ['The decision of the Senior Assessor dated 30 July 2015 is set aside.' 'A category C recognition payment is approved in the sum of $5,000.']