GFF v Commissioner of Victims Rights [2024] NSWCATAD 115

GFF v Commissioner of Victims Rights [2024] NSWCATAD 115

The applicant did not discharge the onus of proving, on the balance of probabilities, that she was the primary victim of an act of violence committed by the alleged offender; there was insufficient evidence of intention or violent conduct as required by law.

Jurisdiction
Australia
Judgment Date
03 May 2024
Procedural Posture
Administrative Review / Hearing and Final Determination
Outcome
Decision under review affirmed; application for victims support dismissed.
Legal Topics
['victims Rights and Support' 'act of Violence' 'balance of Probabilities' 'recognition Payment']
['administrative Law'] ['victims Rights and Support' 'act of Violence' 'balance of Probabilities' 'recognition Payment']

Case Brief

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Procedural Posture

Administrative Review / Hearing and Final Determination

Legal Issues

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

Ratio Decidendi

The applicant did not discharge the onus of proving, on the balance of probabilities, that she was the primary victim of an act of violence committed by the alleged offender; there was insufficient evidence of intention or violent conduct as required by law.

Court Disposition

Decision under review affirmed; application for victims support dismissed.

Orders

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