FLG v Commissioner of Victims’ Rights [2022] NSWCATAD 387

FLG v Commissioner of Victims’ Rights [2022] NSWCATAD 387

On the balance of probabilities, the evidence did not establish that FLG suffered grievous bodily harm as a direct result of the act of violence on 5 June 2018. There was insufficient evidence of serious or permanent physical or psychological injury meeting the threshold for a higher recognition payment; therefore,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 December 2022
Procedural Posture
Administrative Review / Merits Review Before Tribunal
Outcome
Decision varied in part and otherwise affirmed
Legal Topics
["victims' Rights and Support" 'recognition Payment' 'grievous Bodily Harm' 'actual Bodily Harm']
['administrative Law'] ["victims' Rights and Support" 'recognition Payment' 'grievous Bodily Harm' 'actual Bodily Harm']

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Procedural Posture

Administrative Review / Merits Review Before Tribunal

Legal Issues

  1. 1 ['Whether the applicant suffered grievous bodily harm as a result of the act of violence' "Appropriate category of recognition payment under the Victims' Rights and Support Act 2013 (NSW)" 'Correct date of the act of violence']

Ratio Decidendi

On the balance of probabilities, the evidence did not establish that FLG suffered grievous bodily harm as a direct result of the act of violence on 5 June 2018. There was insufficient evidence of serious or permanent physical or psychological injury meeting the threshold for a higher recognition payment; therefore, the category D recognition payment was correct.

Court Disposition

Decision varied in part and otherwise affirmed

Orders

  • ['The decision of the respondent dated 16 May 2022 is varied to indicate that the act of violence occurred on 5 June 2018.' 'The decision is otherwise affirmed.']