Hofer v Commissioner of Victims Rights [2022] NSWCATAD 258

Hofer v Commissioner of Victims Rights [2022] NSWCATAD 258

The Tribunal confirmed the restitution order because the applicant had been convicted of a relevant offence to which the victims support related, the order was made within time, and neither the applicant's asserted innocence nor his financial circumstances warrant setting aside or reducing the debt under applicable law.

Jurisdiction
Australia
Judgment Date
03 August 2022
Procedural Posture
Administrative Review / Merits Hearing and Final Decision
Outcome
Restitution order confirmed
Legal Topics
['victims Rights and Support' 'restitution Order' 'review of Administrative Decisions' 'financial Hardship' 'effect of Criminal Convictions']
['administrative Law'] ['victims Rights and Support' 'restitution Order' 'review of Administrative Decisions' 'financial Hardship' 'effect of Criminal Convictions']

Case Brief

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Procedural Posture

Administrative Review / Merits Hearing and Final Decision

Legal Issues

  1. 1 ['Whether the Tribunal should confirm, vary or reverse the restitution order against the applicant under the Victims Rights and Support Act 2013 (NSW)' "Whether the applicant's asserted innocence or financial circumstances warrant setting aside or reducing the restitution order"]

Ratio Decidendi

The Tribunal confirmed the restitution order because the applicant had been convicted of a relevant offence to which the victims support related, the order was made within time, and neither the applicant's asserted innocence nor his financial circumstances warrant setting aside or reducing the debt under applicable law.

Court Disposition

Restitution order confirmed

Orders

  • ['The decision dated 15 February 2019 is confirmed under s 67(1) of the Act' 'The Order for restitution in the sum of $5,000 is confirmed under s 67(2A) of the Act' 'The restitution sum is payable within 90 days of the date of this decision']