CGJ v Commissioner of Victims Rights [2016] NSWCATAD 154

CGJ v Commissioner of Victims Rights [2016] NSWCATAD 154

The Tribunal found it had jurisdiction to review the decision as the relevant amending Regulation did not expressly remove accrued rights to administrative review. The evidence established, on the balance of probabilities, that CGJ was the primary victim of a series of acts of domestic violence, and he suffered...

Source-derived case information.

Parties
Applicant: CGJ; Respondent: Commissioner of Victims Rights
Jurisdiction
Australia
Judgment Date
15 July 2016
Procedural Posture
Administrative Review / Tribunal Decision After Hearing and Consideration of Written Submissions
Outcome
Decision of the Senior Assessor set aside; application for administrative review allowed.
Legal Topics
Statutory Interpretation, Jurisdiction, Victims Support, Recognition Payments, Special Grants
Administrative Law Victims of Crime Compensation Statutory Interpretation Jurisdiction Victims Support Recognition Payments Special Grants

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Parties

CGJ

Applicant

Commissioner of Victims Rights

Respondent

Procedural Posture

Administrative Review / Tribunal Decision After Hearing and Consideration of Written Submissions

Legal Issues

  1. 1 Whether Tribunal has jurisdiction to review the Senior Assessor's decision under relevant transitional legislation
  2. 2 Whether CGJ is eligible for a recognition payment and special grant as a victim of acts of violence
  3. 3 Whether the acts constitute a series of related acts under the Act and resulted in injury

Ratio Decidendi

The Tribunal found it had jurisdiction to review the decision as the relevant amending Regulation did not expressly remove accrued rights to administrative review. The evidence established, on the balance of probabilities, that CGJ was the primary victim of a series of acts of domestic violence, and he suffered injury as a result. He was therefore eligible for a Category C recognition payment of $5,000 and a special grant of $5,000.

Court Disposition

Decision of the Senior Assessor set aside; application for administrative review allowed.

Orders

  • The time for filing the application is extended to 11 November 2015.
  • The decision of the Senior Assessor dated 1 December 2015 is set aside.