DXI v Commissioner of Victims Rights [2019] NSWCATAD 194

DXI v Commissioner of Victims Rights [2019] NSWCATAD 194

DXI was not eligible for victims support as the evidence did not establish acts of violence for the later incidents and the application relating to the established act of violence was filed out of time, with no statutory provision allowing extension.

Jurisdiction
Australia
Judgment Date
16 September 2019
Procedural Posture
Administrative Review / Final Determination
Outcome
Decision affirmed
Legal Topics
['time Limits for Application for Victims Support' 'definition of Act of Violence' 'evidentiary Requirements for Victims Support']
['administrative Law' 'victims Support'] ['time Limits for Application for Victims Support' 'definition of Act of Violence' 'evidentiary Requirements for Victims Support']

Case Brief

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Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 ['Whether applicant was a primary victim of an act of violence under s 19 of the Victims Rights and Support Act 2013' "Whether applicant's claims were lodged within statutory time limits under s 40 of the Act" 'Whether evidentiary requirements under s 39 of the Act were satisfied']

Ratio Decidendi

DXI was not eligible for victims support as the evidence did not establish acts of violence for the later incidents and the application relating to the established act of violence was filed out of time, with no statutory provision allowing extension.

Court Disposition

Decision affirmed

Orders

  • ['The decision of the Senior Assessor dated 12 June 2019 is affirmed.' 'A non-publication order is made under s 64 (1) (b) of the Civil and Administrative Tribunal Act 2013 (No. 2) (NSW).']