DRJ v Commissioner of Victims Rights (No 2) [2020] NSWCA 242

DRJ v Commissioner of Victims Rights (No 2) [2020] NSWCA 242

On proper construction, eligibility for victims support under the Act requires that the act of violence, as the central focus of the scheme, must occur in New South Wales; factors such as the perpetrator's former residence or the act's status under NSW/ Commonwealth law are not sufficient. The act of violence having...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 October 2020
Procedural Posture
Appeal / Court of Appeal – Final Judgment
Outcome
Summons dismissed with costs.
Legal Topics
['territorial Operation of Statutes' 'extraterritorial Operation of Legislation' 'state Legislative Power' 'victims Compensation' 'interpretation Act 1987 (nsw) S 12' 'geographical Nexus for Legislative Schemes']
['constitutional Law' 'statutory Interpretation'] ['territorial Operation of Statutes' 'extraterritorial Operation of Legislation' 'state Legislative Power' 'victims Compensation' 'interpretation Act 1987 (nsw) S 12' 'geographical Nexus for Legislative Schemes']

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Procedural Posture

Appeal / Court of Appeal – Final Judgment

Legal Issues

  1. 1 ['What territorial connection is required for eligibility under the Victims Rights and Support Act 2013 (NSW)?' 'Does the scheme apply where the act of violence occurred outside New South Wales but was committed by a former resident or could be an offence under NSW/ Commonwealth law?']

Ratio Decidendi

On proper construction, eligibility for victims support under the Act requires that the act of violence, as the central focus of the scheme, must occur in New South Wales; factors such as the perpetrator's former residence or the act's status under NSW/ Commonwealth law are not sufficient. The act of violence having occurred wholly outside NSW precludes eligibility. The Commissioner and NCAT were correct to dismiss the applications.

Court Disposition

Summons dismissed with costs.

Orders

  • ['The summons is dismissed.' "Applicants to pay the respondent's costs, subject to cost-limiting regime as agreed between parties."]