GBK v Commissioner of Victims Rights [2024] NSWCATAD 51

GBK v Commissioner of Victims Rights [2024] NSWCATAD 51

The available evidence did not sufficiently establish, on the balance of probabilities, that the applicant was the primary victim of an act of violence, as there was insufficient evidence of the intention of the alleged offender to commit an offence within the meaning of the Act.

Parties
Applicant: GBK; Respondent: Commissioner of Victims Rights
Jurisdiction
Australia
Judgment Date
26 February 2024
Procedural Posture
Administrative Review / Decision Following Hearing
Outcome
decision under review affirmed
Legal Topics
Victims Support, Acts of Violence, Balance of Probabilities, Eligibility for Support
Administrative Law Victims Support Acts of Violence Balance of Probabilities Eligibility for Support

Case Brief

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Parties

GBK

Applicant

Commissioner of Victims Rights

Respondent

Procedural Posture

Administrative Review / Decision Following Hearing

Legal Issues

  1. 1 Whether an act of violence is established on the balance of probabilities under the Victims Rights and Support Act 2013 (NSW)
  2. 2 Whether the applicant is eligible for victims support

Ratio Decidendi

The available evidence did not sufficiently establish, on the balance of probabilities, that the applicant was the primary victim of an act of violence, as there was insufficient evidence of the intention of the alleged offender to commit an offence within the meaning of the Act.

Court Disposition

decision under review affirmed

Orders

  • The decision under review is affirmed.