Starr v Commissioner of Victims Rights [2024] NSWCATAD 171

Starr v Commissioner of Victims Rights [2024] NSWCATAD 171

The Tribunal was satisfied that the victims support for which restitution was sought was approved with respect to a relevant offence committed by the applicant, that the restitution order was made within the time permitted by s 59(2)(a), and that there was a reasonable basis for the Category B recognition payment of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
25 June 2024
Procedural Posture
Administrative Review of a Restitution Order Under the Victims Rights and Support Act 2013 (nsw) / Merits Review Hearing and Final Decision
Outcome
Restitution order confirmed and varied; restitution sum reduced to $7,500 and payable within six months of the decision.
Legal Topics
['merits Review' 'restitution Order' 'relevant Offence' 'financial Hardship' 'victims Support Recognition Payment']
['administrative Law' 'victims Rights and Support'] ['merits Review' 'restitution Order' 'relevant Offence' 'financial Hardship' 'victims Support Recognition Payment']

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Procedural Posture

Administrative Review of a Restitution Order Under the Victims Rights and Support Act 2013 (nsw) / Merits Review Hearing and Final Decision

Legal Issues

  1. 1 ['Whether the restitution order was made in respect of a relevant offence committed by the applicant.' 'Whether the restitution order was made within the time permitted by s 59(2)(a) of the Victims Rights and Support Act 2013 (NSW).' "Whether the amount payable under the restitution order should be reduced having regard to the applicant's financial means and other relevant matters."]

Ratio Decidendi

The Tribunal was satisfied that the victims support for which restitution was sought was approved with respect to a relevant offence committed by the applicant, that the restitution order was made within the time permitted by s 59(2)(a), and that there was a reasonable basis for the Category B recognition payment of $10,000. Although the applicant showed some financial hardship, the Tribunal was not satisfied his circumstances were as precarious as alleged because of contradictions about payments from Mr Monaghan, lack of documentary evidence that those payments were loans, lack of medical evidence that he was unable to work, and evidence of discretionary spending. The correct and...

Court Disposition

Restitution order confirmed and varied; restitution sum reduced to $7,500 and payable within six months of the decision.

Orders

  • ['Pursuant to 67(1)(a) of the Victims Rights and Support Act 2013 (NSW), the restitution order dated 2 August 2023 is confirmed.' 'The restitution sum is reduced to $7,500 pursuant to s 67(2A) of the Act.' 'The restitution sum is payable within six (6) months of the date of this decision.']