FQE v Commissioner of Victims Rights [2023] NSWCATAD 62

FQE v Commissioner of Victims Rights [2023] NSWCATAD 62

FQE proved on the balance of probabilities that she was the primary victim of a series of related acts of violence and suffered psychological injury, but the available evidence did not establish that the injury was really serious or amounted to grievous bodily harm. The evidence comprised two Certificates of Injury with a provisional diagnosis of PTSD and anxiety, with no statement from FQE about symptoms, treatment or day-to-day impact, no evidence from a medical practitioner or psychologist, and no later evidence from the social worker. Accordingly, the correct and preferable decision was that FQE was eligible for a category D recognition payment of $1,500 and the respondent's decision...

Jurisdiction
Australia
Judgment Date
17 March 2023
Procedural Posture
Administrative Review of Victims Support and Recognition Payment Decision / Decision After Hearing
Outcome
The respondent's decision dated 4 November 2022 was affirmed.
Legal Topics
['recognition Payment' 'grievous Bodily Harm' 'psychological Injury' 'beneficial Legislation' 'correct and Preferable Decision']
['administrative Law' 'victims Rights and Support'] ['recognition Payment' 'grievous Bodily Harm' 'psychological Injury' 'beneficial Legislation' 'correct and Preferable Decision']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Review of Victims Support and Recognition Payment Decision / Decision After Hearing

Legal Issues

  1. 1 ['Whether FQE was the primary victim of an act of violence under the Victims Rights and Support Act 2013 (NSW).' "Whether FQE's psychological injury amounted to grievous bodily harm so as to qualify for a category C recognition payment." 'Whether the beneficial intent of the Victims Rights and Support Act 2013 (NSW) supported a different recognition payment outcome on the evidence.']

Ratio Decidendi

FQE proved on the balance of probabilities that she was the primary victim of a series of related acts of violence and suffered psychological injury, but the available evidence did not establish that the injury was really serious or amounted to grievous bodily harm. The evidence comprised two Certificates of Injury with a provisional diagnosis of PTSD and anxiety, with no statement from FQE about symptoms, treatment or day-to-day impact, no evidence from a medical practitioner or psychologist, and no later evidence from the social worker. Accordingly, the correct and preferable decision was that FQE was eligible for a category D recognition payment of $1,500 and the respondent's decision...

Court Disposition

The respondent's decision dated 4 November 2022 was affirmed.

Orders

  • ['The decision of the respondent dated 4 November 2022 is affirmed.']