CDZ v Commissioner of Victims Rights [2016] NSWCATAD 157

CDZ v Commissioner of Victims Rights [2016] NSWCATAD 157

CDZ established on the balance of probabilities that he was the primary victim of a series of related acts of sexual assault by his father resulting in psychological injury, and, the Tribunal was satisfied -- especially following the respondent's concessions -- that CDZ is eligible for a Category B recognition payment and a special grant, with accrued rights to administrative review unaffected by the regulatory amendment.

Parties
Applicant: CDZ; Respondent: Commissioner for Victims Rights
Jurisdiction
Australia
Judgment Date
19 July 2016
Procedural Posture
Administrative Review / Final Tribunal Determination; Substantive Orders by Consent
Outcome
Decision of Senior Assessor set aside and replacement decision made by consent.
Legal Topics
Victims Support, Recognition Payment, Sexual Assault, Review of Administrative Decisions, Transitional Statutory Compensation Schemes
Administrative Law Victims Rights Law Victims Support Recognition Payment Sexual Assault Review of Administrative Decisions Transitional Statutory Compensation Schemes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

CDZ

Applicant

Commissioner for Victims Rights

Respondent

Procedural Posture

Administrative Review / Final Tribunal Determination; Substantive Orders by Consent

Legal Issues

  1. 1 Whether CDZ is eligible for a Category B recognition payment as a primary victim of a series of related acts of sexual assault
  2. 2 Whether the Tribunal has jurisdiction in light of regulatory amendments and transitional arrangements
  3. 3 Whether CDZ is eligible for a special grant under the Victims Rights and Support Act 2013

Ratio Decidendi

CDZ established on the balance of probabilities that he was the primary victim of a series of related acts of sexual assault by his father resulting in psychological injury, and, the Tribunal was satisfied -- especially following the respondent's concessions -- that CDZ is eligible for a Category B recognition payment and a special grant, with accrued rights to administrative review unaffected by the regulatory amendment.

Court Disposition

Decision of Senior Assessor set aside and replacement decision made by consent.

Orders

  • The applicant is eligible for a Category B recognition payment in the sum of $10,000.
  • The applicant is eligible for a special grant in the sum of $5,000.