FHO v Commissioner of Victims Rights [2022] NSWCATAD 268

FHO v Commissioner of Victims Rights [2022] NSWCATAD 268

The application for victims support was lodged outside the statutory period for any physical injuries alleged to have occurred between 31 December 2007 and 30 May 2010 and there is no power to extend time; furthermore, there was insufficient evidence—either contemporaneous police or medical records or probative...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 August 2022
Procedural Posture
Administrative Review / Final Determination After Reinstatement and Extension of Time
Outcome
Application dismissed and decision affirmed
Legal Topics
['victims Rights and Support' 'merits Review' 'extension of Time' 'acts of Violence Under NSW Law' 'time Limits for Victims Support' 'evidentiary Standards (balance of Probabilities)']
['administrative Law'] ['victims Rights and Support' 'merits Review' 'extension of Time' 'acts of Violence Under NSW Law' 'time Limits for Victims Support' 'evidentiary Standards (balance of Probabilities)']

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Procedural Posture

Administrative Review / Final Determination After Reinstatement and Extension of Time

Legal Issues

  1. 1 ['Whether the applicant was a primary victim of an act of violence for the purposes of the Victims Rights and Support Act 2013 (NSW)' 'Whether the application for victims support was lodged within the time limits prescribed by law' 'Whether an extension of time could be granted for making the application' 'Whether the evidence established, on the balance of probabilities, that the acts of violence occurred']

Ratio Decidendi

The application for victims support was lodged outside the statutory period for any physical injuries alleged to have occurred between 31 December 2007 and 30 May 2010 and there is no power to extend time; furthermore, there was insufficient evidence—either contemporaneous police or medical records or probative witness statements—to establish, on the balance of probabilities, that the applicant was the primary victim of an act of violence (including sexual violence) during the relevant period. Accordingly, the prior decision to deny victims support is affirmed.

Court Disposition

Application dismissed and decision affirmed

Orders

  • ['I extend the time for filing the application for administrative review to the date it was filed.' 'FHO is not eligible for victims support with respect to any physical injuries allegedly suffered during the period from 31 December 2007 to 30 May 2010 because his application was lodged out of time.' 'The decision...