Jackson v Commissioner of Victims Rights [2018] NSWCATAD 59

Jackson v Commissioner of Victims Rights [2018] NSWCATAD 59

The Applicant was convicted of common assault arising from substantially the same facts as the act of violence for which victims support was approved, and the Tribunal could not look behind that conviction. An act of violence was established on the balance of probabilities, including by psychological injury evidence. The Applicant did not prove lack of financial capacity, but because the Commissioner conceded that the $5,000 special grant should not form part of the order, the correct and preferable decision was to confirm the provisional restitution order while reducing liability to the $1,500 Category D recognition payment.

Jurisdiction
Australia
Judgment Date
19 March 2018
Procedural Posture
Application for Administrative Review / Final Determination of Administrative Review of the Commissioner's Determination of an Objection to a Provisional Restitution Order
Outcome
Provisional order confirmed subject to variation reducing the Applicant's liability to $1,500 payable within 30 days.
Legal Topics
['merits Review' 'victims Support Payments' 'provisional Restitution Order' 'relevant Offence' 'conviction for Common Assault' 'domestic and Family Violence' 'extension of Time']
['administrative Law' 'victims Rights and Support' 'restitution'] ['merits Review' 'victims Support Payments' 'provisional Restitution Order' 'relevant Offence' 'conviction for Common Assault' 'domestic and Family Violence' 'extension of Time']

Case Brief

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Procedural Posture

Application for Administrative Review / Final Determination of Administrative Review of the Commissioner's Determination of an Objection to a Provisional Restitution Order

Legal Issues

  1. 1 ['Whether the Applicant had been convicted of a relevant offence for the purposes of s 59(1) of the Victims Rights and Support Act 2013 (NSW).' 'Whether the offence arose from substantially the same facts as the act of violence for which victims support was approved.' "Whether the Tribunal could look behind the Applicant's conviction for common assault." 'Whether the restitution liability should include the $5,000 special grant as well as the $1,500 recognition payment.' 'Whether the Applicant had proved lack of financial capacity to satisfy a restitution order.']

Ratio Decidendi

The Applicant was convicted of common assault arising from substantially the same facts as the act of violence for which victims support was approved, and the Tribunal could not look behind that conviction. An act of violence was established on the balance of probabilities, including by psychological injury evidence. The Applicant did not prove lack of financial capacity, but because the Commissioner conceded that the $5,000 special grant should not form part of the order, the correct and preferable decision was to confirm the provisional restitution order while reducing liability to the $1,500 Category D recognition payment.

Court Disposition

Provisional order confirmed subject to variation reducing the Applicant's liability to $1,500 payable within 30 days.

Orders

  • ['The Provisional Order is confirmed subject to the following variation.' 'The liability of the Applicant is reduced to $1,500, to be paid within 30 days.']