FQR v Commissioner of Victims Rights [2023] NSWCATAD 66

FQR v Commissioner of Victims Rights [2023] NSWCATAD 66

The Tribunal was satisfied that FQR was the primary victim of a series of related acts of domestic violence and suffered psychological injury, but the evidence did not establish grievous bodily harm. The only medical evidence was a Certificate of Injury containing a provisional diagnosis of post-traumatic stress, with no statement from FQR addressing symptoms, treatment or day-to-day impact, no evidence from a medical practitioner or psychologist, and no updated evidence after 29 April 2022. The applicant was also said to be at work at the time of the hearing, indicating some current work capacity. On the available evidence, the Tribunal was not satisfied that the psychological injury was...

Jurisdiction
Australia
Judgment Date
22 March 2023
Procedural Posture
Administrative Review of Victims Support Recognition Payment Decision / Hearing and Decision on Application for Administrative Review
Outcome
The respondent's decision dated 14 November 2022 is affirmed.
Legal Topics
['recognition Payment' 'act of Violence' 'domestic Violence' 'grievous Bodily Harm' 'beneficial Legislation' 'correct and Preferable Decision']
['administrative Law' 'victims Rights and Support'] ['recognition Payment' 'act of Violence' 'domestic Violence' 'grievous Bodily Harm' 'beneficial Legislation' 'correct and Preferable Decision']

Case Brief

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Procedural Posture

Administrative Review of Victims Support Recognition Payment Decision / Hearing and Decision on Application for Administrative Review

Legal Issues

  1. 1 ['Whether FQR was the primary victim of an act of violence in the nature of domestic violence.' "Whether FQR's psychological injury amounted to grievous bodily harm for the purpose of a Category C recognition payment." 'Whether the beneficial intent of the Victims Rights and Support Act 2013 (NSW) supported a higher recognition payment.' "Whether the respondent's decision dated 14 November 2022 should be affirmed, varied or set aside."]

Ratio Decidendi

The Tribunal was satisfied that FQR was the primary victim of a series of related acts of domestic violence and suffered psychological injury, but the evidence did not establish grievous bodily harm. The only medical evidence was a Certificate of Injury containing a provisional diagnosis of post-traumatic stress, with no statement from FQR addressing symptoms, treatment or day-to-day impact, no evidence from a medical practitioner or psychologist, and no updated evidence after 29 April 2022. The applicant was also said to be at work at the time of the hearing, indicating some current work capacity. On the available evidence, the Tribunal was not satisfied that the psychological injury was...

Court Disposition

The respondent's decision dated 14 November 2022 is affirmed.

Orders

  • ["The respondent's decision dated 14 November 2022 is affirmed."]