Kabir v Commissioner of Victims Rights [2015] NSWCATAD 172

Kabir v Commissioner of Victims Rights [2015] NSWCATAD 172

The Tribunal confirmed the restitution order because compensation was awarded in respect of a relevant offence to which the applicant pleaded guilty, the Tribunal had no power to revisit the criminal conviction, and the applicant failed to provide satisfactory evidence of financial hardship such that the amount...

Source-derived case information.

Parties
Applicant: Humayan Kabir; Respondent: Commissioner of Victims Rights
Jurisdiction
Australia
Judgment Date
19 August 2015
Procedural Posture
Administrative Review / Decision After Hearing and Written Submissions
Outcome
Restitution order confirmed; time to pay granted
Legal Topics
Restitution Orders, Financial Hardship, Relevant Offence, Victims Rights and Support Act 2013, Administrative Review Procedures
Administrative Law Victims' Compensation Restitution Orders Financial Hardship Relevant Offence Victims Rights and Support Act 2013 Administrative Review Procedures

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Humayan Kabir

Applicant

Commissioner of Victims Rights

Respondent

Procedural Posture

Administrative Review / Decision After Hearing and Written Submissions

Legal Issues

  1. 1 Whether the applicant is liable for restitution under the Victims Rights and Support Act 2013 regarding compensation paid to the victim
  2. 2 Whether the amount of restitution should be reduced or varied due to asserted financial hardship or other grounds

Ratio Decidendi

The Tribunal confirmed the restitution order because compensation was awarded in respect of a relevant offence to which the applicant pleaded guilty, the Tribunal had no power to revisit the criminal conviction, and the applicant failed to provide satisfactory evidence of financial hardship such that the amount should be reduced; however, time to pay was granted to account for asserted temporary financial difficulties.

Court Disposition

Restitution order confirmed; time to pay granted

Orders

  • Order made by the Commissioner on 26 March 2015 requiring the applicant to make restitution in the sum of $5,000 is confirmed pursuant to Section 67(1)(a) of VRSA.
  • Order varied to allow applicant twelve (12) months from the date of decision to pay.