CEA v Commissioner of Victims Rights [2016] NSWCATAD 158

CEA v Commissioner of Victims Rights [2016] NSWCATAD 158

CEA was established on balance of probabilities to be the primary victim of domestic violence resulting in psychological injury, and was eligible for a Category C recognition payment and special grant. The Tribunal retained jurisdiction to assess transitional applications where accrued rights were not expressly removed by amending regulations.

Parties
Applicant: CEA; Respondent: Commissioner for Victims Rights
Jurisdiction
Australia
Judgment Date
15 July 2016
Procedural Posture
Administrative Review / Final Determination
Outcome
Decision of Senior Assessor set aside; substituted orders made by consent
Legal Topics
Victims Support, Recognition Payment, Special Grant, Domestic Violence, Jurisdiction
Administrative Law Victims Compensation Victims Support Recognition Payment Special Grant Domestic Violence Jurisdiction

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Parties

CEA

Applicant

Commissioner for Victims Rights

Respondent

Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 Whether CEA is eligible for a recognition payment and special grant as a primary victim of domestic violence
  2. 2 Whether the Tribunal has jurisdiction to review the respondent's decision under the relevant legislation

Ratio Decidendi

CEA was established on balance of probabilities to be the primary victim of domestic violence resulting in psychological injury, and was eligible for a Category C recognition payment and special grant. The Tribunal retained jurisdiction to assess transitional applications where accrued rights were not expressly removed by amending regulations.

Court Disposition

Decision of Senior Assessor set aside; substituted orders made by consent

Orders

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