EJY v Commissioner of Victims Rights [2020] NSWCATAD 285

EJY v Commissioner of Victims Rights [2020] NSWCATAD 285

Applicant suffered physical injury to lower lip with ongoing effects, sufficient to constitute grievous bodily harm pursuant to the Victims Rights and Support Act 2013 and established by police report descriptions; therefore, eligible for Category C recognition payment.

Jurisdiction
Australia
Judgment Date
17 November 2020
Procedural Posture
Administrative Review / Final Determination
Outcome
Decision of respondent set aside. Applicant eligible for Category C Recognition Payment. Application otherwise withdrawn and dismissed.
Legal Topics
['victims Support' 'recognition Payment' 'grievous Bodily Harm' 'statutory Interpretation']
['administrative Law' 'victims Compensation'] ['victims Support' 'recognition Payment' 'grievous Bodily Harm' 'statutory Interpretation']

Case Brief

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Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 ['Whether applicant was primary victim of an act of violence' 'Whether applicant suffered injury—grievous bodily harm or actual bodily harm' 'Whether evidentiary requirements for recognition payment are satisfied']

Ratio Decidendi

Applicant suffered physical injury to lower lip with ongoing effects, sufficient to constitute grievous bodily harm pursuant to the Victims Rights and Support Act 2013 and established by police report descriptions; therefore, eligible for Category C recognition payment.

Court Disposition

Decision of respondent set aside. Applicant eligible for Category C Recognition Payment. Application otherwise withdrawn and dismissed.

Orders

  • ['The decision of the respondent dated 7 July 2020 is set aside and the following decision is made in substitution.' 'The applicant is eligible for a Category C Recognition Payment in the amount of $5,000 for an assault resulting in grievous bodily harm.' 'The application is otherwise withdrawn and dismissed.']