FGY v Commissioner of Victims Rights [2022] NSWCATAD 223

FGY v Commissioner of Victims Rights [2022] NSWCATAD 223

While FGY is established as a primary victim of an act of domestic violence resulting in grievous bodily harm, there is insufficient evidence, as required by the Act, to find on the balance of probabilities that she was also a victim of sexual assault or related sexual offences; accordingly, only a category C recognition payment is warranted and the Senior Assessor’s decision is affirmed.

Parties
Applicant: FGY; Respondent: Commissioner of Victims Rights
Jurisdiction
Australia
Judgment Date
05 July 2022
Procedural Posture
Administrative Review / Tribunal Administrative Review Decision
Outcome
Decision of Senior Assessor affirmed
Legal Topics
Victims Rights and Support, Recognition Payment, Domestic Violence, Grievous Bodily Harm, Evidentiary Requirements
Administrative Law Victims Rights and Support Recognition Payment Domestic Violence Grievous Bodily Harm Evidentiary Requirements

Case Brief

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Parties

FGY

Applicant

Commissioner of Victims Rights

Respondent

Procedural Posture

Administrative Review / Tribunal Administrative Review Decision

Legal Issues

  1. 1 Whether FGY is eligible for a Category B or C recognition payment under the Victims Rights and Support Act 2013 (NSW)
  2. 2 Whether there is sufficient evidence to support a finding of sexual assault or only grievous bodily harm resulting from domestic violence
  3. 3 Whether Tribunal should affirm, vary or set aside the Senior Assessor’s decision

Ratio Decidendi

While FGY is established as a primary victim of an act of domestic violence resulting in grievous bodily harm, there is insufficient evidence, as required by the Act, to find on the balance of probabilities that she was also a victim of sexual assault or related sexual offences; accordingly, only a category C recognition payment is warranted and the Senior Assessor’s decision is affirmed.

Court Disposition

Decision of Senior Assessor affirmed

Orders

  • The decision of the Senior Assessor dated 21 December 2021 is affirmed.