FFR v Commissioner of Victims Rights [2022] NSWCATAD 103

The applicant suffered injuries as a result of an act of arson that caused property damage, but these injuries are excluded from eligibility for victims support because they did not arise from an act of violence as defined by statute, which excludes injury arising from property damage and requires direct violent conduct against the person.

Jurisdiction: Australia
Judgment Date: 24 March 2022
Procedural Posture: Administrative Review / Merits Review Before NSW Civil and Administrative Tribunal
Outcome: Decision of the respondent affirmed; applicant not eligible for victims support in respect of the act of arson.
Legal Topics: ['victims Support Scheme' 'definition of Act of Violence' 'statutory Interpretation in Victims Compensation']

['administrative Law' 'victims Compensation'] ['victims Support Scheme' 'definition of Act of Violence' 'statutory Interpretation in Victims Compensation']

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Procedural Posture

Administrative Review / Merits Review Before NSW Civil and Administrative Tribunal

Legal Issues

1 ['Whether the applicant is eligible for victims support where injury arises from an act of arson causing property damage' "Interpretation of 'act of violence' under Victims Rights and Support Act 2013"]

Ratio Decidendi

Court Disposition

Decision of the respondent affirmed; applicant not eligible for victims support in respect of the act of arson.

Orders

['The decision of the respondent dated 3 November 2021 is affirmed.']