CSN v Commissioner of Victims Rights [2017] NSWCATAD 139

CSN v Commissioner of Victims Rights [2017] NSWCATAD 139

The Commissioner had approved counselling beyond the initial 2-hour period, up to 10 hours, which necessarily required satisfaction on the balance of probabilities that CSN was a victim of an act of violence. The Assessors erred in law by later finding that no act of violence was established without addressing that...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 May 2017
Procedural Posture
Administrative Review of Victims Support Decisions / Decision After Hearing
Outcome
The application succeeded; the decisions of the Assessor and Senior Assessor were set aside and a substituted decision was made that CSN was eligible for a Category B recognition payment of $10,000.
Legal Topics
['act of Violence' 'recognition Payment' 'standard of Proof' 'approved Counselling Services' 'primary Victim' 'series of Related Acts' 'sexual Assault']
['administrative Law' 'victims Rights and Support' 'statutory Interpretation'] ['act of Violence' 'recognition Payment' 'standard of Proof' 'approved Counselling Services' 'primary Victim' 'series of Related Acts' 'sexual Assault']

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Procedural Posture

Administrative Review of Victims Support Decisions / Decision After Hearing

Legal Issues

  1. 1 ['Whether approval of counselling for 10 hours involved an acceptance that an act of violence was established.' 'Whether CSN established on the balance of probabilities that he was the primary victim of an act of violence in the nature of sexual assaults.' 'Whether the alleged acts were a series of related acts.' 'Whether CSN was eligible for a Category B recognition payment.']

Ratio Decidendi

The Commissioner had approved counselling beyond the initial 2-hour period, up to 10 hours, which necessarily required satisfaction on the balance of probabilities that CSN was a victim of an act of violence. The Assessors erred in law by later finding that no act of violence was established without addressing that approval. On the evidence, CSN established that he was the primary victim of a series of related sexual assaults by the same perpetrator and that he suffered increased anxiety symptoms as an injury resulting from those acts. He was therefore eligible for a Category B recognition payment of $10,000.

Court Disposition

The application succeeded; the decisions of the Assessor and Senior Assessor were set aside and a substituted decision was made that CSN was eligible for a Category B recognition payment of $10,000.

Orders

  • ['Pursuant to s 63 (3) (c) of the ADR Act, the decisions of the Assessor (client claims) dated 7 May 2014 and the Senior Assessor dated 8 August 2014, respectively, are set aside.' 'The applicant was the primary victim of an act of violence, in the nature of sexual assaults, which were a series of related acts.'...