FGD v Commissioner of Victims Rights [2022] NSWCATAD 118

FGD v Commissioner of Victims Rights [2022] NSWCATAD 118

The Tribunal found, based on the evidence including treatment history and ongoing psychological symptoms, that FGD sustained 'really serious injury' resulting from domestic violence, constituting grievous bodily harm, and is eligible for a category C recognition payment.

Parties
Applicant: FGD; Respondent: Commissioner of Victims Rights
Jurisdiction
Australia
Judgment Date
11 April 2022
Procedural Posture
Administrative Review / Final Determination
Outcome
Decision of the respondent set aside; substituted order made
Legal Topics
Recognition Payments, Grievous Bodily Harm, Domestic Violence
Administrative Law Victims Compensation Recognition Payments Grievous Bodily Harm Domestic Violence

Case Brief

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Parties

FGD

Applicant

Commissioner of Victims Rights

Respondent

Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 Eligibility for recognition payment under Victims Rights and Support Act 2013 (NSW)
  2. 2 Whether injuries sustained constitute 'grievous bodily harm' for recognition payment purposes

Ratio Decidendi

The Tribunal found, based on the evidence including treatment history and ongoing psychological symptoms, that FGD sustained 'really serious injury' resulting from domestic violence, constituting grievous bodily harm, and is eligible for a category C recognition payment.

Court Disposition

Decision of the respondent set aside; substituted order made

Orders

  • FGD is a primary victim of an act of violence for the purposes of ss 19 and 20 of the Act.
  • FGD was the victim of domestic violence resulting in grievous bodily harm and is eligible for a category C recognition payment under s 35(3)(c) of the Act and cl 14(d) of the Regulation.