FKW v Commissioner of Victims Rights [2022] NSWCATAD 337

FKW v Commissioner of Victims Rights [2022] NSWCATAD 337

Based on the evidence, including the Certificate of Injury, reports from health and correctional services, and the principle that psychological injury can be grievous bodily harm, the Tribunal found that FKW's pre-existing psychological condition was aggravated by the act of violence, resulting in 'really serious' ongoing injury, thereby qualifying for a category C recognition payment.

Parties
Applicant: FKW; Respondent: Commissioner of Victims Rights
Jurisdiction
Australia
Judgment Date
20 October 2022
Procedural Posture
Administrative Review of Decision Regarding Victims Support and Recognition Payment / Administrative Review Determination by Tribunal
Outcome
The Tribunal set aside the Senior Assessor’s decision and substituted a decision awarding a category C recognition payment to FKW.
Legal Topics
Recognition Payment, Grievous Bodily Harm, Eggshell Psyche Principle, Domestic Violence
Administrative Law Victims Support Law Recognition Payment Grievous Bodily Harm Eggshell Psyche Principle Domestic Violence

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Parties

FKW

Applicant

Commissioner of Victims Rights

Respondent

Procedural Posture

Administrative Review of Decision Regarding Victims Support and Recognition Payment / Administrative Review Determination by Tribunal

Legal Issues

  1. 1 Whether the applicant is eligible for a category C recognition payment on the basis of grievous bodily harm resulting from an assault
  2. 2 Interpretation of 'grievous bodily harm' in the context of psychological injury under the Act

Ratio Decidendi

Based on the evidence, including the Certificate of Injury, reports from health and correctional services, and the principle that psychological injury can be grievous bodily harm, the Tribunal found that FKW's pre-existing psychological condition was aggravated by the act of violence, resulting in 'really serious' ongoing injury, thereby qualifying for a category C recognition payment.

Court Disposition

The Tribunal set aside the Senior Assessor’s decision and substituted a decision awarding a category C recognition payment to FKW.

Orders

  • The decision of the Senior Assessor dated 23 March 2022 is set aside.
  • The applicant is eligible for a category C recognition payment in the sum of $5,000.