CGK v Commissioner of Victims Rights [2016] NSWCATAD 153

CGK v Commissioner of Victims Rights [2016] NSWCATAD 153

CGK was found to be the primary victim of acts of domestic violence on the balance of probabilities, and the Tribunal has jurisdiction to review the decision. He is eligible for both a Category C recognition payment and a special grant, as his application was lodged in the prescribed period and the acts met the...

Source-derived case information.

Parties
Applicant: CGK; Respondent: Commissioner of Victims Rights
Jurisdiction
Australia
Judgment Date
15 July 2016
Procedural Posture
Administrative Review / Final Determination
Outcome
Decision of Senior Assessor set aside; application for review granted
Legal Topics
Statutory Interpretation, Jurisdiction, Victims Rights and Support, Recognition Payment, Domestic Violence
Administrative Law Victims Compensation Statutory Interpretation Jurisdiction Victims Rights and Support Recognition Payment Domestic Violence

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Parties

CGK

Applicant

Commissioner of Victims Rights

Respondent

Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to determine the application for administrative review following transitional legislative amendments
  2. 2 Whether CGK is eligible for a Category C recognition payment and special grant
  3. 3 Whether the acts alleged constitute 'acts of violence' under the Act

Ratio Decidendi

CGK was found to be the primary victim of acts of domestic violence on the balance of probabilities, and the Tribunal has jurisdiction to review the decision. He is eligible for both a Category C recognition payment and a special grant, as his application was lodged in the prescribed period and the acts met the statutory criteria for ‘acts of violence’.

Court Disposition

Decision of Senior Assessor set aside; application for review granted

Orders

  • The time for filing the application is extended to 11 November 2015.
  • CGK is eligible for a Category C recognition payment in the sum of $5,000.