Walker v Commissioner of Victims Rights [2022] NSWCATAD 119

Walker v Commissioner of Victims Rights [2022] NSWCATAD 119

The restitution order was properly made as the applicant was convicted of a relevant offence as defined under the Victims Rights and Support Act 2013, the payments made to the victim were linked to those offences, and no procedural or financial hardship ground warranted setting aside or significant reduction of the order. The only variance appropriate was extension of the period for payment.

Parties
Applicant: Robert Walker; Respondent: Commissioner of Victims Rights
Jurisdiction
Australia
Judgment Date
11 April 2022
Procedural Posture
Administrative Review / Merits Review Final Decision
Outcome
Order confirmed, with variation
Legal Topics
Victims Rights and Support, Restitution Order, Merits Review, Financial Hardship, Relevant Offence
Administrative Law Victims Rights and Support Restitution Order Merits Review Financial Hardship Relevant Offence

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Parties

Robert Walker

Applicant

Commissioner of Victims Rights

Respondent

Procedural Posture

Administrative Review / Merits Review Final Decision

Legal Issues

  1. 1 Whether the restitution order was properly made under s 67(1)(a) of the Victims Rights and Support Act 2013
  2. 2 Whether the applicant's financial hardship or procedural objections warranted variation or setting aside of the order

Ratio Decidendi

The restitution order was properly made as the applicant was convicted of a relevant offence as defined under the Victims Rights and Support Act 2013, the payments made to the victim were linked to those offences, and no procedural or financial hardship ground warranted setting aside or significant reduction of the order. The only variance appropriate was extension of the period for payment.

Court Disposition

Order confirmed, with variation

Orders

  • The order made by the respondent on 30 June 2021 requiring the applicant to make restitution in the sum of $14,000 is confirmed.
  • The order is varied to allow the applicant three (3) months from the date of this decision to pay the amount.