FJE v Commissioner of Victims Rights [2022] NSWCATAD 323

FJE v Commissioner of Victims Rights [2022] NSWCATAD 323

The Tribunal found that FJE is a primary victim of domestic violence, sustained injuries amounting to grievous bodily harm as a result of the act of violence, and is thus eligible for a Category C recognition payment under the Victims Rights and Support Act 2013 (NSW), accepting her explanation for the lack of contemporaneous medical evidence and relying on her compelling evidence and later medical reports.

Parties
Applicant: FJE; Respondent: Commissioner of Victims Rights
Jurisdiction
Australia
Judgment Date
04 October 2022
Procedural Posture
Administrative Review / Tribunal Decision/substitutive Orders
Outcome
Application allowed; Respondent's decision set aside and substituted
Legal Topics
Victims Rights and Support, Recognition Payments, Domestic Violence, Grievous Bodily Harm, Administrative Review
Administrative Law Victims Rights and Support Recognition Payments Domestic Violence Grievous Bodily Harm Administrative Review

Case Brief

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Parties

FJE

Applicant

Commissioner of Victims Rights

Respondent

Procedural Posture

Administrative Review / Tribunal Decision/substitutive Orders

Legal Issues

  1. 1 Whether FJE is a primary victim of an act of violence for the purposes of the Victims Rights and Support Act 2013 (NSW)
  2. 2 Whether FJE suffered grievous bodily harm within the meaning of relevant law and is eligible for a Category C recognition payment

Ratio Decidendi

The Tribunal found that FJE is a primary victim of domestic violence, sustained injuries amounting to grievous bodily harm as a result of the act of violence, and is thus eligible for a Category C recognition payment under the Victims Rights and Support Act 2013 (NSW), accepting her explanation for the lack of contemporaneous medical evidence and relying on her compelling evidence and later medical reports.

Court Disposition

Application allowed; Respondent's decision set aside and substituted

Orders

  • The respondent's decision dated 25 January 2022 is set aside and substituted.
  • FJE is a primary victim of an act of violence for the purposes of ss 19 and 20 of the Victims Rights and Support Act 2013 (NSW).