EJZ v Commissioner of Victims Rights [2020] NSWCATAD 279

EJZ v Commissioner of Victims Rights [2020] NSWCATAD 279

On the balance of probabilities, the applicant's solicitor wrote to the respondent on 16 September 2019, enclosed the handwritten application for victims support dated 16 September 2019, and posted it or caused it to be posted by ordinary pre-paid mail to the respondent at the correct address. By operation of s 76(1)(b) of the Interpretation Act 1987, the application was deemed received on 20 September 2019 and was therefore lodged within the two-year time limit in s 40 of the Victims Rights and Support Act 2013. As there was no dispute that EJZ was the primary victim of an act of violence on 22 December 2017, the correct and preferable decision was to set aside the decision dated 27...

Jurisdiction
Australia
Judgment Date
11 November 2020
Procedural Posture
Application for Administrative Review / Review of the Respondent's Decision Dated 27 April 2020 Dismissing an Application for Victims Support as Lodged Out of Time
Outcome
The respondent's decision dated 27 April 2020 was set aside and the matter was remitted to the respondent for determination of the application for victims support in accordance with the reasons.
Legal Topics
['application for Victims Support' 'time Limits' 'act of Violence' 'primary Victim' 'service by Post' 'deemed Receipt' 'administrative Review']
['victims Rights and Support' 'administrative Law'] ['application for Victims Support' 'time Limits' 'act of Violence' 'primary Victim' 'service by Post' 'deemed Receipt' 'administrative Review']

Case Brief

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Procedural Posture

Application for Administrative Review / Review of the Respondent's Decision Dated 27 April 2020 Dismissing an Application for Victims Support as Lodged Out of Time

Legal Issues

  1. 1 ['Whether EJZ was the primary victim of an act of violence for the purposes of ss 19 and 20 of the Victims Rights and Support Act 2013.' 'Whether the application for victims support was duly made within the time limit prescribed by s 40 of the Victims Rights and Support Act 2013.' "Whether the respondent's decision dated 27 April 2020 should be set aside and the matter remitted."]

Ratio Decidendi

On the balance of probabilities, the applicant's solicitor wrote to the respondent on 16 September 2019, enclosed the handwritten application for victims support dated 16 September 2019, and posted it or caused it to be posted by ordinary pre-paid mail to the respondent at the correct address. By operation of s 76(1)(b) of the Interpretation Act 1987, the application was deemed received on 20 September 2019 and was therefore lodged within the two-year time limit in s 40 of the Victims Rights and Support Act 2013. As there was no dispute that EJZ was the primary victim of an act of violence on 22 December 2017, the correct and preferable decision was to set aside the decision dated 27...

Court Disposition

The respondent's decision dated 27 April 2020 was set aside and the matter was remitted to the respondent for determination of the application for victims support in accordance with the reasons.

Orders

  • ['EJZ is the primary victim of an act of violence for the purposes of ss 19 and 20 of the Act.' "The respondent's decision dated 27 April 2020 is set aside." 'The matter is remitted to the respondent for determination of the application for victims support in accordance with these reasons.']