DVZ v Commissioner of Victims Rights [2019] NSWCATAD 140

DVZ v Commissioner of Victims Rights [2019] NSWCATAD 140

The Applicant did not establish on the balance of probabilities that NSW Police committed an act apparently occurring in the course of the commission of an offence involving violent conduct against her, or that she suffered psychological injury as a direct result of the alleged police conduct. Police decisions whether to investigate or charge an alleged perpetrator, and the Applicant's grievance about those decisions, did not constitute an act of violence under s 19 of the Victims Rights and Support Act 2013.

Jurisdiction
Australia
Judgment Date
22 July 2019
Procedural Posture
Administrative Review of Victims Support Decision / Review of Senior Assessor's Decision in the Administrative and Equal Opportunity Division of NCAT
Outcome
The decision was affirmed.
Legal Topics
['victims Support' 'act of Violence' 'primary Victim' 'recognition Payment' 'financial Assistance for Immediate Needs' 'police Inaction Complaints']
['administrative Law' 'victims Rights and Support'] ['victims Support' 'act of Violence' 'primary Victim' 'recognition Payment' 'financial Assistance for Immediate Needs' 'police Inaction Complaints']

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Procedural Posture

Administrative Review of Victims Support Decision / Review of Senior Assessor's Decision in the Administrative and Equal Opportunity Division of NCAT

Legal Issues

  1. 1 ['Whether the Applicant was the primary victim of an act of violence within the meaning of s 19 of the Victims Rights and Support Act 2013.' 'Whether alleged police neglect, humiliation, silence, failure to investigate, or failure to charge an alleged offender constituted an act apparently occurring in the course of the commission of an offence involving violent conduct.' 'Whether the Applicant established psychological injury as a direct result of the alleged acts of violence by police.']

Ratio Decidendi

The Applicant did not establish on the balance of probabilities that NSW Police committed an act apparently occurring in the course of the commission of an offence involving violent conduct against her, or that she suffered psychological injury as a direct result of the alleged police conduct. Police decisions whether to investigate or charge an alleged perpetrator, and the Applicant's grievance about those decisions, did not constitute an act of violence under s 19 of the Victims Rights and Support Act 2013.

Court Disposition

The decision was affirmed.

Orders

  • ['The decision of the Senior Assessor dated 21 January 2019 is affirmed.' 'Pursuant to s 63 (3) (a) of the ADR Act, the decision of the Assessor dated 1 May 2019 is affirmed.']