GPR v Commissioner of Victims Rights [2025] NSWCATAD 32
Having considered GPR's history of trauma and abuse, psychological conditions, incarceration, and precarious financial circumstances, it is appropriate to exercise the Tribunal's discretion under s 69(1) of the Act to vary the restitution orders, reducing the total payable to $15,230.72.
Source-derived case information.
- Parties
- Applicant: GPR; Respondent: Commissioner of Victims Rights
- Jurisdiction
- Australia
- Judgment Date
- 03 February 2025
- Procedural Posture
- Administrative Review / Merits Review and Orders
- Outcome
- Restitution orders confirmed with variation
- Legal Topics
- Merits Review, Victims Rights and Support, Restitution Order, Financial Hardship
Source-derived case record
Summary, issues, holding and outcome
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Parties
GPR
Applicant
Commissioner of Victims Rights
Respondent
Procedural Posture
Administrative Review / Merits Review and Orders
Legal Issues
- 1 Whether the restitution order should be confirmed, varied, or waived given the applicant's offending, history of trauma, and financial hardship; Whether the Tribunal should exercise its discretion under ss 67 and 69 of the Victims Rights and Support Act 2013 (NSW) to reduce the restitution debt
Ratio Decidendi
Having considered GPR's history of trauma and abuse, psychological conditions, incarceration, and precarious financial circumstances, it is appropriate to exercise the Tribunal's discretion under s 69(1) of the Act to vary the restitution orders, reducing the total payable to $15,230.72.
Court Disposition
Restitution orders confirmed with variation
Orders
- Publication of information identifying the applicant or victims is prohibited pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW).
- The restitution orders dated 13 March 2024 in matters 2024/00326035 and 2024/00325920 are confirmed.
Full Case Text
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