FPD v Commissioner of Victims’ Rights [2023] NSWCATAD 54

FPD v Commissioner of Victims’ Rights [2023] NSWCATAD 54

The Tribunal was satisfied on the balance of probabilities, after hearing and observing witnesses, that an assault by SM occurred and that FPD was a primary victim of an act of violence under ss 19 and 20 of the Victims' Rights and Support Act 2013 (NSW). Although the police report was accepted as based on...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 March 2023
Procedural Posture
Application for Administrative Review of a Victims Support Decision / Tribunal Review of the Respondent's Internal Review Decision Dated 7 October 2022
Outcome
The respondent's decision dated 7 October 2022 was set aside and a substituted decision was made in favour of FPD.
Legal Topics
['administrative Review' 'act of Violence' 'primary Victim' 'recognition Payment' 'fresh Evidence' 'application to Re Open After Decision Reserved']
['administrative Law' 'victims Rights and Support'] ['administrative Review' 'act of Violence' 'primary Victim' 'recognition Payment' 'fresh Evidence' 'application to Re Open After Decision Reserved']

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Procedural Posture

Application for Administrative Review of a Victims Support Decision / Tribunal Review of the Respondent's Internal Review Decision Dated 7 October 2022

Legal Issues

  1. 1 ["Whether FPD established on the balance of probabilities that he was the primary victim of an act of violence within ss 19 and 20 of the Victims' Rights and Support Act 2013 (NSW)." 'Whether the matter should be re-opened after decision was reserved to permit further cross-examination or further evidence.' 'Whether FPD was eligible for a Category D recognition payment.']

Ratio Decidendi

The Tribunal was satisfied on the balance of probabilities, after hearing and observing witnesses, that an assault by SM occurred and that FPD was a primary victim of an act of violence under ss 19 and 20 of the Victims' Rights and Support Act 2013 (NSW). Although the police report was accepted as based on information available at the time, the Tribunal was not bound by the police decision not to prosecute and applied the civil standard of proof. The evidence supported a soft tissue cervical spine injury directly resulting from the act of violence, but not grievous bodily harm, so FPD was eligible for a Category D recognition payment for assault resulting in actual bodily harm.

Court Disposition

The respondent's decision dated 7 October 2022 was set aside and a substituted decision was made in favour of FPD.

Orders

  • ["The respondent's decision dated 7 October 2022 is set aside and I make the following decision by way of substitution: FPD was the primary victim of an act of violence as defined by ss 19 and 20 of the Act on the balance of probabilities." 'FPD is eligible for a category D recognition payment in the sum of $1,500.']