EMT v Commissioner of Victims Rights [2021] NSWCATAD 39

EMT v Commissioner of Victims Rights [2021] NSWCATAD 39

The available medical evidence did not establish that the applicant's psychological injury was sufficiently severe to amount to 'grievous bodily harm' as required for a higher recognition payment under the Act; therefore, the Senior Assessor's decision approving a Category D recognition payment was correct.

Jurisdiction
Australia
Judgment Date
26 February 2021
Procedural Posture
Administrative Review / Hearing and Decision
Outcome
The decision of the Senior Assessor dated 5 November 2020 is affirmed.
Legal Topics
['act of Violence' 'grievous Bodily Harm' 'psychological Injury' 'recognition Payment' 'administrative Review']
['victims Compensation' 'administrative Law'] ['act of Violence' 'grievous Bodily Harm' 'psychological Injury' 'recognition Payment' 'administrative Review']

Case Brief

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Procedural Posture

Administrative Review / Hearing and Decision

Legal Issues

  1. 1 ['Whether the applicant suffered grievous bodily harm as a result of the act of violence' 'Eligibility for higher recognition payment under the Victims Rights and Support Act 2013']

Ratio Decidendi

The available medical evidence did not establish that the applicant's psychological injury was sufficiently severe to amount to 'grievous bodily harm' as required for a higher recognition payment under the Act; therefore, the Senior Assessor's decision approving a Category D recognition payment was correct.

Court Disposition

The decision of the Senior Assessor dated 5 November 2020 is affirmed.

Orders

  • ['The decision of the Senior Assessor dated 5 November 2020 is affirmed.']