BMF v Commissioner of Victims Rights

The applicant, BMF, sought an administrative review of a decision made by the Commissioner of Victims Rights, regarding eligibility for financial assistance. The dispute was heard in the New South Wales Civil and Administrative Tribunal (NCAT). The primary legal issue was whether BMF was eligible for a recognition payment of $5,000 under the Victims Rights and Support Act 2013, having suffered grievous bodily harm as a result of domestic violence. The secondary issue was the appropriate compensation for various expenses claimed by BMF, such as storage fees, hotel invoices, and phone charges.

The Tribunal examined the evidence presented by BMF, which included her reliance on previous claims and submissions to establish her psychological injury and the 'eggshell psyche' doctrine. BMF argued that the delay in the decision-making process and the ongoing domestic violence had aggravated her existing distress and impacted her health and well-being. The Tribunal found that BMF was the primary victim of an act of violence, as confirmed by the Commissioner of Victims Rights, and approved a Category C recognition payment of $5,000. However, the Tribunal also found that some of the expenses claimed by BMF did not arise directly from the act of violence and were therefore not payable under the Victims Support Scheme.

The Tribunal set aside the decision of the Senior Assessor and substituted it with a new decision, which approved the recognition payment of $5,000 but denied some of the expenses claimed by BMF. The Tribunal's reasoning was based on the evidence presented and the applicable provisions of the Victims Rights and Support Act 2013 and the Victims Rights and Support Regulation. The outcome of the case was that BMF was eligible for a recognition payment of $5,000, but some of her claimed expenses were not payable under the Victims Support Scheme.