FCB v Commissioner of Victims Rights [2021] NSWCATAD 365

FCB v Commissioner of Victims Rights [2021] NSWCATAD 365

The Tribunal was satisfied that, notwithstanding FCB's failure to apply for internal review within time, it was necessary to deal with the application to protect her interests and that her external application was made within a reasonable time given her evidence and medical material concerning psychological injury, hospitalisation and treatment. On the merits, the Tribunal accepted FCB's evidence that she was subjected to domestic violence and assault, including being pushed down stairs, and found on the balance of probabilities that she was the primary victim of an act of violence occurring from 1 June 2020 to 19 October 2020 which caused physical and psychological injuries. The Tribunal...

Jurisdiction
Australia
Judgment Date
10 December 2021
Procedural Posture
Application for Administrative Review of a Victims Support and Recognition Payment Decision / Final Determination After Hearing, Including Determination of Objection to Jurisdiction
Outcome
Leave granted; the Assessor's decision dated 5 November 2020 was set aside and a substituted decision was made that FCB was the primary victim of an act of violence and eligible for a $5,000 recognition payment.
Legal Topics
['administrative Review' 'internal Review' 'jurisdiction' 'act of Violence' 'domestic Violence' 'assault' 'grievous Bodily Harm' 'recognition Payment']
['administrative Law' 'victims Rights and Support'] ['administrative Review' 'internal Review' 'jurisdiction' 'act of Violence' 'domestic Violence' 'assault' 'grievous Bodily Harm' 'recognition Payment']

Case Brief

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Procedural Posture

Application for Administrative Review of a Victims Support and Recognition Payment Decision / Final Determination After Hearing, Including Determination of Objection to Jurisdiction

Legal Issues

  1. 1 ['Whether the Tribunal had jurisdiction to determine the application despite FCB not applying for internal review within 90 days.' 'Whether FCB was the primary victim of an act of violence within ss 19 and 20 of the Victims Rights and Support Act 2013.' 'Whether the act of violence resulted in grievous bodily harm so as to make FCB eligible for a Category C recognition payment.']

Ratio Decidendi

The Tribunal was satisfied that, notwithstanding FCB's failure to apply for internal review within time, it was necessary to deal with the application to protect her interests and that her external application was made within a reasonable time given her evidence and medical material concerning psychological injury, hospitalisation and treatment. On the merits, the Tribunal accepted FCB's evidence that she was subjected to domestic violence and assault, including being pushed down stairs, and found on the balance of probabilities that she was the primary victim of an act of violence occurring from 1 June 2020 to 19 October 2020 which caused physical and psychological injuries. The Tribunal...

Court Disposition

Leave granted; the Assessor's decision dated 5 November 2020 was set aside and a substituted decision was made that FCB was the primary victim of an act of violence and eligible for a $5,000 recognition payment.

Orders

  • ['Grant leave to FCB to file the application for administrative review pursuant to s 55(2)(b) of the Administrative Decisions Review Act 1997.' 'The decision of the Assessor dated 5 November 2020 is set aside and the following decision is made by way of substitution: FCB was the primary victim of an act of violence...