CQP v Commissioner of Victims Rights [2016] NSWCATAD 202

CQP v Commissioner of Victims Rights [2016] NSWCATAD 202

The Tribunal had jurisdiction to determine the applications and granted leave to proceed despite the absence of internal review because CQP said she first received the decisions on 24 November 2015, sought review shortly afterward, and her interests required determination. On the evidence, including statutory declarations, hospital records, police reports and the authorised report writer's psychological assessment, CQP proved on the balance of probabilities that she was the primary victim of an act of violence in file no. 159288 and of a series of related acts of violence in file no. 171511. The assaults caused physical and psychological injury amounting to grievous bodily harm for the...

Jurisdiction
Australia
Judgment Date
30 August 2016
Procedural Posture
Administrative Review of Victims Support Compensation Decisions / Final Decision After Leave to Proceed in the Absence of Internal Review
Outcome
The decisions dated 12 August 2014 were set aside and Category C recognition payments of $5,000 were approved for each of the two applications for compensation.
Legal Topics
['administrative Review' 'domestic Violence' 'acts of Violence' 'recognition Payment' 'internal Review' 'jurisdiction' 'transitional Claims']
['administrative Law' 'victims Rights and Support'] ['administrative Review' 'domestic Violence' 'acts of Violence' 'recognition Payment' 'internal Review' 'jurisdiction' 'transitional Claims']

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Procedural Posture

Administrative Review of Victims Support Compensation Decisions / Final Decision After Leave to Proceed in the Absence of Internal Review

Legal Issues

  1. 1 ['Whether the Tribunal had jurisdiction to determine applications for compensation lodged under the Victims Support and Rehabilitation Act 1996 but not finally determined before 7 May 2013.' 'Whether leave should be granted to proceed with external review in the absence of internal review under s 55 (4) of the Administrative Decisions Review Act 1997.' 'Whether CQP established on the balance of probabilities that she was the primary victim of acts of violence in Victims Services File no. 159288 and Victims Services File no. 171511.' 'Whether CQP was eligible for Category C recognition payments under s 35 (3) (c) of the Victims Rights and Support Act 2013.' 'Whether any factors under s 44 of the Victims Rights and Support Act 2013 required refusal or reduction of victims support.']

Ratio Decidendi

The Tribunal had jurisdiction to determine the applications and granted leave to proceed despite the absence of internal review because CQP said she first received the decisions on 24 November 2015, sought review shortly afterward, and her interests required determination. On the evidence, including statutory declarations, hospital records, police reports and the authorised report writer's psychological assessment, CQP proved on the balance of probabilities that she was the primary victim of an act of violence in file no. 159288 and of a series of related acts of violence in file no. 171511. The assaults caused physical and psychological injury amounting to grievous bodily harm for the...

Court Disposition

The decisions dated 12 August 2014 were set aside and Category C recognition payments of $5,000 were approved for each of the two applications for compensation.

Orders

  • ['In relation to the application for compensation (Victims Services File no. 159288), a Category C recognition payment is approved in the sum of $5,000.' 'In relation to the application for compensation (Victims Services file no. 171511), a Category C recognition payment is approved in the sum of $5,000.']