DLO v Commissioner of Victims Rights [2018] NSWCATAD 240

DLO v Commissioner of Victims Rights [2018] NSWCATAD 240

DLO provided a reasonable explanation for the late application, having regard to evidence of acquired brain injury, psychosocial disability, trauma, pain and lack of legal representation, so time was extended. The Tribunal had no jurisdiction to review refusals of financial assistance for immediate needs or economic...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 October 2018
Procedural Posture
Administrative Review of a Victims Support Recognition Payment Decision / Determined on the Papers; Late Application Considered and Time Extended
Outcome
Application allowed in part; time extended, review decision set aside, and a substituted decision made awarding a $5,000 recognition payment.
Legal Topics
['victims Rights and Support' 'administrative Review' 'extension of Time' 'recognition Payment' 'grievous Bodily Harm' 'jurisdiction' 'section 44 Considerations']
['administrative Law' 'victims Compensation and Support'] ['victims Rights and Support' 'administrative Review' 'extension of Time' 'recognition Payment' 'grievous Bodily Harm' 'jurisdiction' 'section 44 Considerations']

Source-derived case record

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Procedural Posture

Administrative Review of a Victims Support Recognition Payment Decision / Determined on the Papers; Late Application Considered and Time Extended

Legal Issues

  1. 1 ['Whether the time for filing the application should be extended under s 41 of the CAT Act.' 'Whether the Tribunal had jurisdiction to review decisions about financial assistance for immediate needs or economic loss.' 'Whether DLO suffered grievous bodily harm as a result of the assault on 21 November 2013 and was eligible for a Category C recognition payment.' 'Whether any factors under s 44 of the Victims Rights and Support Act 2013 (NSW) justified refusing or reducing victims support.']

Ratio Decidendi

DLO provided a reasonable explanation for the late application, having regard to evidence of acquired brain injury, psychosocial disability, trauma, pain and lack of legal representation, so time was extended. The Tribunal had no jurisdiction to review refusals of financial assistance for immediate needs or economic loss. On the balance of probabilities, the assault on 21 November 2013 caused a head injury and other physical and psychological sequelae amounting to really serious injury, despite absence of conclusive neuropsychological testing and despite later assaults. No s 44 factor justified refusal or reduction. DLO was therefore a primary victim of an assault resulting in grievous...

Court Disposition

Application allowed in part; time extended, review decision set aside, and a substituted decision made awarding a $5,000 recognition payment.

Orders

  • ['The time for filing the application is extended to the date 10 May 2018 pursuant to s 41 of the CAT Act.' 'Pursuant to s 63 (3) (c) of the ADR Act the review decision dated 15 November 2015 is set aside and the following decision is made by way of substitution: DLO is awarded a recognition payment in the sum of...