CZJ v Commissioner of Victims Rights [2017] NSWCATAD 259

CZJ v Commissioner of Victims Rights [2017] NSWCATAD 259

On the balance of probabilities, the Tribunal was not satisfied that CZJ was the primary victim of an act of violence. There was no contemporaneous report or evidence supporting sexual assault as defined, nor evidence of injury resulting from an act of violence, and available medical evidence did not relate to the alleged assault.

Jurisdiction
Australia
Judgment Date
24 August 2017
Procedural Posture
Administrative Review / Final Determination
Outcome
Application dismissed, decision of Assessor affirmed
Legal Topics
['recognition Payment' 'act of Violence' 'sexual Assault' 'eligibility for Support']
['victims Support' 'administrative Law'] ['recognition Payment' 'act of Violence' 'sexual Assault' 'eligibility for Support']

Case Brief

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Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 ['Whether the applicant was a primary victim of an act of violence under the Victims Rights and Support Act 2013' 'Whether an act of violence was established on the balance of probabilities' 'Whether the applicant suffered injury as a result of an act of violence']

Ratio Decidendi

On the balance of probabilities, the Tribunal was not satisfied that CZJ was the primary victim of an act of violence. There was no contemporaneous report or evidence supporting sexual assault as defined, nor evidence of injury resulting from an act of violence, and available medical evidence did not relate to the alleged assault.

Court Disposition

Application dismissed, decision of Assessor affirmed

Orders

  • ['Pursuant to s 63(3)(a) of the ADR Act, the decision of the Assessor dated 8 October 2015 is affirmed.' 'A non-publication Order is made under s 64(1) of the Civil and Administrative Tribunal Act 2013 (No. 2) in respect of names of private individuals and other identifying information.']