FXJ v Commissioner of Victims Rights [2024] NSWCATAD 8

FXJ v Commissioner of Victims Rights [2024] NSWCATAD 8

The Tribunal was not actually persuaded on the balance of probabilities that the applicant was the primary victim of an act of violence in the manner alleged, given lack of corroborative evidence and the compelling police reports finding no evidence of forced entry or assault; therefore, the original decision to...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 January 2024
Procedural Posture
Administrative Review / Merits Review Decision
Outcome
Decision under review affirmed
Legal Topics
['victims Rights and Support' 'acts of Violence' 'balance of Probabilities' 'tribunal Administrative Review']
['administrative Law'] ['victims Rights and Support' 'acts of Violence' 'balance of Probabilities' 'tribunal Administrative Review']

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Procedural Posture

Administrative Review / Merits Review Decision

Legal Issues

  1. 1 ['Whether an act of violence was established on the balance of probabilities for the purposes of the Victims Rights and Support Act 2013 (NSW)' 'Eligibility for victims support under the Act given the evidence presented']

Ratio Decidendi

The Tribunal was not actually persuaded on the balance of probabilities that the applicant was the primary victim of an act of violence in the manner alleged, given lack of corroborative evidence and the compelling police reports finding no evidence of forced entry or assault; therefore, the original decision to dismiss the application for victims support was affirmed.

Court Disposition

Decision under review affirmed

Orders

  • ['The decision under review is affirmed.']