DEP v Commissioner of Victims Rights [2018] NSWCATAD 99

DEP v Commissioner of Victims Rights [2018] NSWCATAD 99

The Tribunal was not satisfied on the civil standard that the applicant was a primary victim of an act of violence or that she suffered injury as required by s 19 of the Victims Rights and Support Act 2013. The police summons response showed no record of the alleged report on 5 or 6 December 2015, and the applicant...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 May 2018
Procedural Posture
Administrative Review of Victims Support Decision / Hearing and Determination on the Papers
Outcome
Application dismissed; the respondent's decision dated 31 July 2017 is affirmed.
Legal Topics
['victims Support Eligibility' 'primary Victim' 'secondary Victim' 'act of Violence' 'documentary Evidence' 'recognition Payment']
['administrative Law' 'victims Support'] ['victims Support Eligibility' 'primary Victim' 'secondary Victim' 'act of Violence' 'documentary Evidence' 'recognition Payment']

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Procedural Posture

Administrative Review of Victims Support Decision / Hearing and Determination on the Papers

Legal Issues

  1. 1 ['Whether the applicant established that she was a primary victim of an act of violence under the Victims Rights and Support Act 2013.' 'Whether the applicant provided documentary evidence required by s 39 of the Victims Rights and Support Act 2013.' 'Whether, if the alleged assault was established, the applicant was only a secondary victim and ineligible for financial support or a recognition payment.']

Ratio Decidendi

The Tribunal was not satisfied on the civil standard that the applicant was a primary victim of an act of violence or that she suffered injury as required by s 19 of the Victims Rights and Support Act 2013. The police summons response showed no record of the alleged report on 5 or 6 December 2015, and the applicant did not meet the documentary evidence requirement in s 39. Even if the alleged assault were accepted, the applicant's evidence identified her as a secondary victim, who was not eligible for financial assistance or a recognition payment in the form sought. The respondent's decision was therefore affirmed.

Court Disposition

Application dismissed; the respondent's decision dated 31 July 2017 is affirmed.

Orders

  • ['The decision of the respondent dated 31 July 2017 is affirmed.']