FCF v Commissioner of Victims Rights [2021] NSWCATAD 373

FCF v Commissioner of Victims Rights [2021] NSWCATAD 373

The Tribunal was not satisfied, on the balance of probabilities, that FCF was a primary victim of an act of violence as defined by the Victims Rights and Support Act 2013 (NSW), as there was no objective or corroborative evidence to support her allegations. Therefore, the Assessor's decision to refuse victims support was affirmed.

Parties
Applicant: FCF; Respondent: Commissioner of Victims Rights
Jurisdiction
Australia
Judgment Date
16 December 2021
Procedural Posture
Administrative Review / Final Orders After Hearing
Outcome
Application dismissed; Assessor's decision affirmed
Legal Topics
Victims Support, Recognition Payments, Deemed Refusal, Acts of Violence, Onus of Proof
Administrative Law Victims Support Recognition Payments Deemed Refusal Acts of Violence Onus of Proof

Case Brief

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Parties

FCF

Applicant

Commissioner of Victims Rights

Respondent

Procedural Posture

Administrative Review / Final Orders After Hearing

Legal Issues

  1. 1 Whether FCF is eligible as a primary victim of an act of violence under the Victims Rights and Support Act 2013 (NSW)
  2. 2 Whether the Assessor's decision should be affirmed or set aside
  3. 3 Whether the application for administrative review was lodged in time and, if not, whether time should be extended

Ratio Decidendi

The Tribunal was not satisfied, on the balance of probabilities, that FCF was a primary victim of an act of violence as defined by the Victims Rights and Support Act 2013 (NSW), as there was no objective or corroborative evidence to support her allegations. Therefore, the Assessor's decision to refuse victims support was affirmed.

Court Disposition

Application dismissed; Assessor's decision affirmed

Orders

  • Pursuant to s 41 of the Civil and Administrative Tribunal Act 2013, time for filing the application for administrative review is extended to the date it was filed.
  • Pursuant to s 63(3)(a) of the Administrative Decisions Review Act 1997, the decision of the Assessor dated 20 May 2020 is affirmed.