FBA v Commissioner of Victims Rights [2021] NSWCATAD 242

FBA v Commissioner of Victims Rights [2021] NSWCATAD 242

The Tribunal found that it lacks jurisdiction to review the Commissioner's decisions regarding claims for financial assistance for immediate needs and economic loss, as the Victims Rights and Support Act 2013 only provides a right of external administrative review for decisions concerning recognition payments.

Parties
Applicant: FBA; Respondent: Commissioner of Victims Rights
Jurisdiction
Australia
Judgment Date
16 August 2021
Procedural Posture
Administrative Review / Decision on Jurisdiction
Outcome
Application for administrative review dismissed for want of jurisdiction.
Legal Topics
Victims Support, Financial Assistance, Jurisdiction, Administrative Review
Administrative Law Victims Support Financial Assistance Jurisdiction Administrative Review

Case Brief

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Parties

FBA

Applicant

Commissioner of Victims Rights

Respondent

Procedural Posture

Administrative Review / Decision on Jurisdiction

Legal Issues

  1. 1 Does the Tribunal have jurisdiction to review decisions of the Commissioner regarding claims for financial assistance for immediate needs and economic loss under the Victims Rights and Support Act 2013?

Ratio Decidendi

The Tribunal found that it lacks jurisdiction to review the Commissioner's decisions regarding claims for financial assistance for immediate needs and economic loss, as the Victims Rights and Support Act 2013 only provides a right of external administrative review for decisions concerning recognition payments.

Court Disposition

Application for administrative review dismissed for want of jurisdiction.

Orders

  • The name of the respondent is amended to 'Commissioner of Victims Rights'.
  • The application for administrative review of the Commissioner's decisions dated 2 March 2021 and 27 April 2021 are dismissed for want of jurisdiction.