EDF v Commissioner of Victims Rights [2020] NSWCATAD 80

EDF v Commissioner of Victims Rights [2020] NSWCATAD 80

The Tribunal found that the application for Victims Support was lodged within the required period under s 40 of the Act, and that, on the balance of probabilities, an act of violence was perpetrated against EDF on 10 March 2017. The absence of medical evidence prevents determination of the injuries, so the matter must be remitted to the Respondent for full reconsideration.

Parties
Applicant: EDF; Respondent: Commissioner of Victims Rights
Jurisdiction
Australia
Judgment Date
12 March 2020
Procedural Posture
Administrative Review / Final Determination and Orders
Outcome
Decision of Senior Assessor set aside; matter remitted for reconsideration. Application for Administrative Review dismissed.
Legal Topics
Time for Lodgement of Application, Act of Violence Definition, Eligibility for Victims Support
Administrative Law Victims Support Time for Lodgement of Application Act of Violence Definition Eligibility for Victims Support

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Parties

EDF

Applicant

Commissioner of Victims Rights

Respondent

Procedural Posture

Administrative Review / Final Determination and Orders

Legal Issues

  1. 1 Whether the Application for Victims Support was lodged within time permitted by s 40 of the Victims Rights and Support Act 2013
  2. 2 Whether an act of violence was perpetrated against EDF
  3. 3 Whether sufficient evidence of injury was provided

Ratio Decidendi

The Tribunal found that the application for Victims Support was lodged within the required period under s 40 of the Act, and that, on the balance of probabilities, an act of violence was perpetrated against EDF on 10 March 2017. The absence of medical evidence prevents determination of the injuries, so the matter must be remitted to the Respondent for full reconsideration.

Court Disposition

Decision of Senior Assessor set aside; matter remitted for reconsideration. Application for Administrative Review dismissed.

Orders

  • The decision of the Senior Assessor dated 1 October 2019 is set aside and the matter is remitted to the Respondent for reconsideration in accordance with directions that (a) the application was lodged within time and (b) an act of violence was perpetrated against EDF.
  • The Application for Administrative Review is dismissed.