GNI v Commissioner of Victims Rights [2024] NSWCATAD 356

GNI v Commissioner of Victims Rights [2024] NSWCATAD 356

The Tribunal was satisfied, based on direct evidence from GNI, that the psychological injury suffered was really serious, ongoing, and resulted directly from a series of related acts of violence, justifying a Category C recognition payment.

Source-derived case information.

Parties
Applicant: GNI; Respondent: Commissioner of Victims Rights
Jurisdiction
Australia
Judgment Date
29 November 2024
Procedural Posture
Administrative Review / Final Tribunal Determination
Outcome
Decision under review set aside and substituted; Category C recognition payment approved.
Legal Topics
Recognition Payment, Grievous Bodily Harm, Actual Bodily Harm, Series of Related Acts
Administrative Law Victims Rights Recognition Payment Grievous Bodily Harm Actual Bodily Harm Series of Related Acts

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Parties

GNI

Applicant

Commissioner of Victims Rights

Respondent

Procedural Posture

Administrative Review / Final Tribunal Determination

Legal Issues

  1. 1 Whether GNI suffered grievous bodily harm as a result of acts of violence
  2. 2 Whether a category C recognition payment is appropriate
  3. 3 Determination of correct and preferable decision under Victims' Rights and Support Act

Ratio Decidendi

The Tribunal was satisfied, based on direct evidence from GNI, that the psychological injury suffered was really serious, ongoing, and resulted directly from a series of related acts of violence, justifying a Category C recognition payment.

Court Disposition

Decision under review set aside and substituted; Category C recognition payment approved.

Orders

  • The decision under review is set aside and substituted.
  • The applicant is the primary victim of an act of violence, being a series of related acts.