FNA v Commissioner of Victims Rights [2023] NSWCATAD 151

FNA v Commissioner of Victims Rights [2023] NSWCATAD 151

The Tribunal dismissed the application for administrative review for lack of jurisdiction because it had already determined the same matter (the recognition payment decision) in a previous judgment, and the applicant did not establish new grounds or statutory authority for a further review. The Tribunal also lacks...

Source-derived case information.

Parties
Applicant: FNA; Respondent: Commissioner of Victims Rights
Jurisdiction
Australia
Judgment Date
16 June 2023
Procedural Posture
Administrative Review / Jurisdictional Dismissal
Outcome
Application dismissed for lack of jurisdiction
Legal Topics
Victims Rights, Tribunal Jurisdiction, Administrative Review, Extension of Time
Administrative Law Victims Rights Tribunal Jurisdiction Administrative Review Extension of Time

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Parties

FNA

Applicant

Commissioner of Victims Rights

Respondent

Procedural Posture

Administrative Review / Jurisdictional Dismissal

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to review the respondent's decision after a previous final determination on the same matter
  2. 2 Whether the application for administrative review is out of time and if discretion to extend should be exercised

Ratio Decidendi

The Tribunal dismissed the application for administrative review for lack of jurisdiction because it had already determined the same matter (the recognition payment decision) in a previous judgment, and the applicant did not establish new grounds or statutory authority for a further review. The Tribunal also lacks jurisdiction to review decisions concerning financial assistance for economic loss by the Commissioner of Victims Rights.

Court Disposition

Application dismissed for lack of jurisdiction

Orders

  • The application for administrative review is dismissed for lack of jurisdiction.