GPR v Commissioner of Victims Rights [2025] NSWCATAD 32

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
Administrative Law Merits Review Victims Rights and Support Restitution Order Financial Hardship

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Parties

GPR

Applicant

Commissioner of Victims Rights

Respondent

Procedural Posture

Administrative Review / Merits Review and Orders

  1. 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.