FRG v Commissioner of Victims Rights [2023] NSWCATAD 195

FRG v Commissioner of Victims Rights [2023] NSWCATAD 195

The Tribunal found that the applicant did not establish on the evidence that he was the victim of an act of violence within the meaning of s 19 of the Victims Rights and Support Act 2013; the actions described did not satisfy the statutory definitions of violent conduct or sexual touching, and the documentary evidence requirements under s 39 were not met, so the decision of the Commissioner to refuse recognition payment was affirmed.

Jurisdiction
Australia
Judgment Date
26 July 2023
Procedural Posture
Administrative Review / Decision on Merits After Hearing (affirmation of Respondent's Decision)
Outcome
Affirmed (application dismissed)
Legal Topics
['recognition Payment' 'act of Violence' 'sexual Touching' 'documentary Evidence Requirements']
['administrative Law' 'victims Support'] ['recognition Payment' 'act of Violence' 'sexual Touching' 'documentary Evidence Requirements']

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Procedural Posture

Administrative Review / Decision on Merits After Hearing (affirmation of Respondent's Decision)

Legal Issues

  1. 1 ['Whether the applicant was a victim of an act of violence within the meaning of s 19 of the Victims Rights and Support Act 2013' 'Whether evidence satisfies the statutory requirements for a recognition payment (including documentary evidence requirements under s 39)' "Whether the behaviour in question amounts to 'violent conduct' or sexual touching under the Crimes Act 1900"]

Ratio Decidendi

The Tribunal found that the applicant did not establish on the evidence that he was the victim of an act of violence within the meaning of s 19 of the Victims Rights and Support Act 2013; the actions described did not satisfy the statutory definitions of violent conduct or sexual touching, and the documentary evidence requirements under s 39 were not met, so the decision of the Commissioner to refuse recognition payment was affirmed.

Court Disposition

Affirmed (application dismissed)

Orders

  • ['The period for FRG to lodge his application for administrative review is extended to 9 January 2023.' 'The identity of the applicant is not to be disclosed by way of publication or broadcast.' 'The decision of the respondent dated 5 December 2022 is affirmed.']