DXF v Commissioner of Victims Rights [2019] NSWCATAD 210

DXF v Commissioner of Victims Rights [2019] NSWCATAD 210

DXF established on the balance of probabilities that she was the primary victim of an act of violence on 19 April 2016. Although an earlier period of violence was not established, the evidence showed that the 19 April 2016 incident caused a severe exacerbation or aggravation of her pre-existing psychological...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 October 2019
Procedural Posture
Application for Administrative Review / Review of Senior Assessor's Review Decision; Extension of Time Granted; Determined on the Papers
Outcome
The Senior Assessor's decision was set aside and substituted with a decision that the applicant is eligible for a Category C recognition payment of $5,000.
Legal Topics
['victims Support' 'recognition Payment' 'act of Violence' 'grievous Bodily Harm' 'psychological Injury' 'causation' 'extension of Time']
['administrative Law' 'victims Rights and Support'] ['victims Support' 'recognition Payment' 'act of Violence' 'grievous Bodily Harm' 'psychological Injury' 'causation' 'extension of Time']

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Procedural Posture

Application for Administrative Review / Review of Senior Assessor's Review Decision; Extension of Time Granted; Determined on the Papers

Legal Issues

  1. 1 ['Whether the Tribunal should extend time for filing the application for administrative review.' 'Whether DXF was the primary victim of an act of violence on 19 April 2016 and over the alleged earlier period.' 'Whether DXF suffered grievous bodily harm, rather than actual bodily harm, as a direct result of the act of violence.' 'Whether DXF was eligible for a Category C recognition payment under s 35 (3) of the Victims Rights and Support Act 2013.' 'Whether any factors under s 44 of the Victims Rights and Support Act 2013 warranted declining or reducing victims support.']

Ratio Decidendi

DXF established on the balance of probabilities that she was the primary victim of an act of violence on 19 April 2016. Although an earlier period of violence was not established, the evidence showed that the 19 April 2016 incident caused a severe exacerbation or aggravation of her pre-existing psychological condition, with significant ongoing symptoms requiring psychological support and medication more than three and a half years later. That psychological injury was properly characterised as really serious and therefore grievous bodily harm, making her eligible for a Category C recognition payment. No s 44 factors justified declining or reducing support.

Court Disposition

The Senior Assessor's decision was set aside and substituted with a decision that the applicant is eligible for a Category C recognition payment of $5,000.

Orders

  • ['The decision of the Senior Assessor dated 8 May 2016 is set aside.' 'In substitution for that decision the applicant is eligible for a Category C recognition payment in the sum of $5,000.']