FDT v Commissioner of Victims Rights [2022] NSWCATAD 155

FDT v Commissioner of Victims Rights [2022] NSWCATAD 155

The Tribunal found that although the medical evidence did not establish serious bodily injury from the sexual assault, the conduct constituted a series of related acts as defined by s 19 of the Victims Rights and Support Act 2013. Therefore, FDT was entitled to a Category B recognition payment under s 35(2)(b) and s 36(1)(c) of the Act.

Jurisdiction
Australia
Judgment Date
18 May 2022
Procedural Posture
Administrative Review / Final Determination by Tribunal
Outcome
Decision of the respondent set aside; applicant awarded Category B recognition payment.
Legal Topics
['recognition Payments' 'serious Bodily Injury' 'series of Related Acts' 'sexual Assault' 'primary Victim' 'interpretation of Beneficial Legislation']
['administrative Law' 'victims Support' 'criminal Law'] ['recognition Payments' 'serious Bodily Injury' 'series of Related Acts' 'sexual Assault' 'primary Victim' 'interpretation of Beneficial Legislation']

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Procedural Posture

Administrative Review / Final Determination by Tribunal

Legal Issues

  1. 1 ['Whether the applicant suffered a serious bodily injury as a result of a sexual assault' 'Whether the conduct constituted a series of related acts under the Victims Rights and Support Act 2013' 'Whether the applicant qualifies for a Category B recognition payment under the Act']

Ratio Decidendi

The Tribunal found that although the medical evidence did not establish serious bodily injury from the sexual assault, the conduct constituted a series of related acts as defined by s 19 of the Victims Rights and Support Act 2013. Therefore, FDT was entitled to a Category B recognition payment under s 35(2)(b) and s 36(1)(c) of the Act.

Court Disposition

Decision of the respondent set aside; applicant awarded Category B recognition payment.

Orders

  • ['The decision of the respondent of 21 May 2021 is set aside.' 'In substitution of that decision FDT is awarded a Category B recognition payment in accordance with s 35 (2) (b) and s 36 (1) (c ) of the Victims Rights and Support Act 2013.']