EIE v Commissioner of Victims Rights [2020] NSWCATAD 183

EIE v Commissioner of Victims Rights [2020] NSWCATAD 183

Although EIE was a family victim of an act of violence, her victims support application was lodged more than two years after it was established on 3 July 2016 that the primary victim died as a direct result of the act of violence. Section 40 of the Victims Rights and Support Act 2013 did not permit any extension of that time limit, and s 41 of the Civil and Administrative Tribunal Act 2013 applied only to the Tribunal application, not the underlying victims support application. The correct and preferable decision was therefore to affirm the Senior Assessor's decision.

Jurisdiction
Australia
Judgment Date
17 July 2020
Procedural Posture
Application for Administrative Review of a Victims Support Decision / NCAT Administrative and Equal Opportunity Division Review of Senior Assessor's Internal Review Decision Dated 28 June 2019
Outcome
Time for filing the application for administrative review extended; Senior Assessor's decision affirmed.
Legal Topics
['victims Support Application Time Limits' 'family Victim of an Act of Violence' 'recognition Payment Eligibility' 'extension of Time for Tribunal Application' 'correct and Preferable Decision']
['administrative Law' 'victims Rights and Support'] ['victims Support Application Time Limits' 'family Victim of an Act of Violence' 'recognition Payment Eligibility' 'extension of Time for Tribunal Application' 'correct and Preferable Decision']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Administrative Review of a Victims Support Decision / NCAT Administrative and Equal Opportunity Division Review of Senior Assessor's Internal Review Decision Dated 28 June 2019

Legal Issues

  1. 1 ['Whether time should be extended for filing the application for administrative review in the Tribunal.' 'Whether EIE was a family victim of an act of violence under the Victims Rights and Support Act 2013.' 'Whether the application for victims support was lodged within the time required by s 40 of the Victims Rights and Support Act 2013.' 'Whether s 41 of the Civil and Administrative Tribunal Act 2013 provided a basis to extend the time for lodging the victims support application.' 'Whether EIE was otherwise eligible for a recognition payment as a parent, step-parent, guardian or dependent family member.']

Ratio Decidendi

Although EIE was a family victim of an act of violence, her victims support application was lodged more than two years after it was established on 3 July 2016 that the primary victim died as a direct result of the act of violence. Section 40 of the Victims Rights and Support Act 2013 did not permit any extension of that time limit, and s 41 of the Civil and Administrative Tribunal Act 2013 applied only to the Tribunal application, not the underlying victims support application. The correct and preferable decision was therefore to affirm the Senior Assessor's decision.

Court Disposition

Time for filing the application for administrative review extended; Senior Assessor's decision affirmed.

Orders

  • ['I extend the time for filing the application for administrative review to the date it was filed.' 'The decision of the Senior Assessor dated 28 June 2019 is affirmed.']