FWV v Commissioner of Victims Rights [2024] NSWCATAD 3

FWV v Commissioner of Victims Rights [2024] NSWCATAD 3

FWV suffered a torn left medial meniscus requiring surgery and psychological injury as a result of an assault; these injuries constituted grievous bodily harm. FWV was established as a primary victim of an act of violence perpetrated by named offenders, making him eligible for a Category C recognition payment under the Act.

Parties
Applicant: FWV; Respondent: Commissioner of Victims Rights
Jurisdiction
Australia
Judgment Date
08 January 2024
Procedural Posture
Administrative Review / Final Decision
Outcome
Assessor's decision set aside; substituted decision made.
Legal Topics
Victims Rights and Support, Recognition Payment, Grievous Bodily Harm, Actual Bodily Harm, Administrative Review
Administrative Law Victims Rights and Support Recognition Payment Grievous Bodily Harm Actual Bodily Harm Administrative Review

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Parties

FWV

Applicant

Commissioner of Victims Rights

Respondent

Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 Whether FWV was a primary victim of an act of violence
  2. 2 Whether FWV suffered grievous bodily harm entitling him to a Category C recognition payment
  3. 3 Applicability of s 44 of the Victims Rights and Support Act 2013 (NSW)

Ratio Decidendi

FWV suffered a torn left medial meniscus requiring surgery and psychological injury as a result of an assault; these injuries constituted grievous bodily harm. FWV was established as a primary victim of an act of violence perpetrated by named offenders, making him eligible for a Category C recognition payment under the Act.

Court Disposition

Assessor's decision set aside; substituted decision made.

Orders

  • The decision of the Assessor dated 8 December 2023 is set aside.
  • The applicant is eligible for a category C recognition payment in the sum of $5,000.