FPJ v Commissioner of Victims Rights [2023] NSWCATAD 95

FPJ v Commissioner of Victims Rights [2023] NSWCATAD 95

FPJ proved on the balance of probabilities that she was the primary victim of a series of related acts of domestic/family violence in the nature of an assault committed between 9 September 2019 and 31 January 2022, and that she suffered psychological injury as a direct result. Given the evidence of significant ongoing symptoms requiring ongoing counselling, the injury was properly characterised as really serious and therefore amounted to grievous bodily harm, making FPJ eligible for a category C recognition payment under s 35(3)(c) of the Victims Rights and Support Act 2013 (NSW). No s 44 factors justified declining or reducing support.

Jurisdiction
Australia
Judgment Date
09 May 2023
Procedural Posture
Administrative Review of Victims Support Recognition Payment Decision / Determined on the Papers
Outcome
The Senior Assessor's decision dated 14 October 2022 was set aside and a substituted decision was made that FPJ is eligible for a category C recognition payment of $5,000.
Legal Topics
['recognition Payment' 'primary Victim' 'act of Violence' 'domestic/family Violence' 'grievous Bodily Harm' 'psychological Injury' 'eggshell Psyche Principle']
['administrative Law' 'victims Rights and Support'] ['recognition Payment' 'primary Victim' 'act of Violence' 'domestic/family Violence' 'grievous Bodily Harm' 'psychological Injury' 'eggshell Psyche Principle']

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Procedural Posture

Administrative Review of Victims Support Recognition Payment Decision / Determined on the Papers

Legal Issues

  1. 1 ['Whether FPJ was the primary victim of an act of violence under the Victims Rights and Support Act 2013 (NSW).' "Whether FPJ's psychological injury from domestic/family violence amounted to grievous bodily harm for the purposes of a category C recognition payment under s 35(3)(c) of the Victims Rights and Support Act 2013 (NSW)." 'Whether any s 44 factors justified declining or reducing victims support.']

Ratio Decidendi

FPJ proved on the balance of probabilities that she was the primary victim of a series of related acts of domestic/family violence in the nature of an assault committed between 9 September 2019 and 31 January 2022, and that she suffered psychological injury as a direct result. Given the evidence of significant ongoing symptoms requiring ongoing counselling, the injury was properly characterised as really serious and therefore amounted to grievous bodily harm, making FPJ eligible for a category C recognition payment under s 35(3)(c) of the Victims Rights and Support Act 2013 (NSW). No s 44 factors justified declining or reducing support.

Court Disposition

The Senior Assessor's decision dated 14 October 2022 was set aside and a substituted decision was made that FPJ is eligible for a category C recognition payment of $5,000.

Orders

  • ['The decision of the Senior Assessor dated 14 October 2022 is set aside and I make the following decision by way of substitution.' 'FPJ is eligible for a category C recognition payment in the sum of $5,000.']