EGM v Commissioner of Victims Rights [2024] NSWCATAD 147

EGM v Commissioner of Victims Rights [2024] NSWCATAD 147

On the evidence, including EGM's statement dated 8 May 2024, the Tribunal was satisfied on the balance of probabilities that EGM was a primary victim of domestic/family violence occurring from 1 January 2022 to 1 July 2023 and that the violence directly caused psychological injury, namely PTSD and anxiety. The ongoing debilitating effects, including inability to work and need for ongoing GP support and regular counselling, meant the assault resulted in grievous bodily harm. EGM was therefore eligible for a category C recognition payment, and no s 44 factors justified withholding or reducing support.

Jurisdiction
Australia
Judgment Date
30 May 2024
Procedural Posture
Administrative Review of Victims Support Recognition Payment Decision / Review of Internal Review Decision Dated 11 January 2024
Outcome
The decision of the Senior Assessor was set aside and a substitute decision was made that the applicant is eligible for a category C recognition payment in the sum of $5,000.
Legal Topics
['recognition Payment' 'domestic/family Violence' 'primary Victim' 'psychological Injury' 'grievous Bodily Harm']
['administrative Law' 'victims Rights and Support'] ['recognition Payment' 'domestic/family Violence' 'primary Victim' 'psychological Injury' 'grievous Bodily Harm']

Case Brief

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Procedural Posture

Administrative Review of Victims Support Recognition Payment Decision / Review of Internal Review Decision Dated 11 January 2024

Legal Issues

  1. 1 ['Whether EGM was a primary victim of an act of violence in the nature of domestic/family violence that directly resulted in psychological injury.' "Whether EGM's psychological injury amounted to grievous bodily harm so as to qualify for a category C recognition payment rather than a category D recognition payment." 'Whether any factors under s 44 of the Victims Rights and Support Act 2013 (NSW) justified withholding or reducing victims support.']

Ratio Decidendi

On the evidence, including EGM's statement dated 8 May 2024, the Tribunal was satisfied on the balance of probabilities that EGM was a primary victim of domestic/family violence occurring from 1 January 2022 to 1 July 2023 and that the violence directly caused psychological injury, namely PTSD and anxiety. The ongoing debilitating effects, including inability to work and need for ongoing GP support and regular counselling, meant the assault resulted in grievous bodily harm. EGM was therefore eligible for a category C recognition payment, and no s 44 factors justified withholding or reducing support.

Court Disposition

The decision of the Senior Assessor was set aside and a substitute decision was made that the applicant is eligible for a category C recognition payment in the sum of $5,000.

Orders

  • ['The decision of the Senior Assessor dated 11 January 2024 is set aside and I make the following order by way of substitution.' 'The applicant is eligible for a category C recognition payment in the sum of $5,000.00.']