FNA v Commissioner of Victims’ Rights [2022] NSWCATAD 388

FNA v Commissioner of Victims’ Rights [2022] NSWCATAD 388

The application for administrative review of the 3 February 2022 recognition payment decision was filed significantly late, was not made within a reasonable time, and FNA gave no reasonable explanation for the delay. The Tribunal also found the proposed review had no prospects of success because the alleged act of violence did not fall within Category B under s 35(2) and the evidence did not provide a safe basis to find grievous bodily harm for Category C. The Tribunal therefore declined to extend time and dismissed the application. The Tribunal also stated it lacked jurisdiction to administratively review the 26 July 2022 financial assistance decision.

Jurisdiction
Australia
Judgment Date
01 December 2022
Procedural Posture
Application for Administrative Review of a Victims Support Decision Concerning Financial Assistance and a Recognition Payment / Hearing of Application for Extension of Time and Administrative Review
Outcome
The application for an extension of time was refused and the application was dismissed.
Legal Topics
['administrative Review' 'jurisdiction' 'extension of Time' 'recognition Payment' 'financial Assistance' 'grievous Bodily Harm']
['administrative Law' 'victims Support'] ['administrative Review' 'jurisdiction' 'extension of Time' 'recognition Payment' 'financial Assistance' 'grievous Bodily Harm']

Case Brief

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Procedural Posture

Application for Administrative Review of a Victims Support Decision Concerning Financial Assistance and a Recognition Payment / Hearing of Application for Extension of Time and Administrative Review

Legal Issues

  1. 1 ['Whether the Tribunal had jurisdiction to review the decision dated 26 July 2022 concerning financial assistance.' 'Whether the Tribunal should extend time for FNA to seek administrative review of the decision dated 3 February 2022 concerning a recognition payment.' 'Whether the absence of an internal review prevented the Tribunal from dealing with the application.' 'Whether FNA had prospects of establishing entitlement to a higher category recognition payment based on grievous bodily harm.']

Ratio Decidendi

The application for administrative review of the 3 February 2022 recognition payment decision was filed significantly late, was not made within a reasonable time, and FNA gave no reasonable explanation for the delay. The Tribunal also found the proposed review had no prospects of success because the alleged act of violence did not fall within Category B under s 35(2) and the evidence did not provide a safe basis to find grievous bodily harm for Category C. The Tribunal therefore declined to extend time and dismissed the application. The Tribunal also stated it lacked jurisdiction to administratively review the 26 July 2022 financial assistance decision.

Court Disposition

The application for an extension of time was refused and the application was dismissed.

Orders

  • ['The application for an extension of time is refused.' 'The application is dismissed.']