BWL v Commissioner of Victims Rights

[2015] NSWCATAD 235

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

BWL v Commissioner of Victims Rights [2015] NSWCATAD 235

Hearing dates:

3 July 2015 & 9 October 2015

Date of orders:

09 October 2015

Decision date:

09 October 2015

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

M Riordan, Senior Member

Decision:

1. The decision of the Senior Assessor dated 23 April 2015 is set aside and the following decision is by way of substitution:

 

a. BWL was the primary victim of an act of violence pursuant to s 19 and s 20 of the Victims Rights and Support Act 2013 (“the Act”);

 

b. BWL is eligible for a recognition payment under Category B, pursuant to s 35(2)(b) of the Act, as she was the victim of “sexual assault, indecent assault or attempted sexual assault involving violence that is one of a series of related acts”; and

c. BWL is eligible for a recognition payment in the sum of $10,000 pursuant to s 35(2) (b) of the Act and cl 12 of the Victims Rights and Support Regulation 2013.

Catchwords:

VICTIMS recognition – sexual assault, indecent assault or attempted sexual assault that is one of a series of related acts

Legislation Cited:

Civil and Administrative Tribunal Act 2013 (No. 2) Administrative Decisions Review Act 1997
Victims Rights and Support Act 2013
Victims Rights and Support Regulation 2013

Cases Cited:

State Transit Authority of New South Wales v Fritzi Chemler [2007] NSWCA 249

Category:

Principal judgment

Parties:

BWL (Applicant)
Commissioner of Victims Rights (Respondent)

Representation:

Counsel:

   

Solicitors:
3 July 2015:
No appearance (Applicant)
S Matulewicz, Victims Services (Respondent)

  9 October 2015:
BWL (Applicant in person)
S Matulewicz, Victims Services (Respondent)

File Number(s):

1510249

Publication restriction:

A Non-publication Order is made under section 64 (1) Civil and Administrative Tribunal Act 2013 (NSW) in respect of the names of private individuals, and other information which might identify them.

Reasons for decision

1. These proceedings relate to a claim for victim support and a recognition payment lodged by the applicant known by the pseudonym BWL initially before the Commissioner of Victims Rights (“the Commissioner”).

2. The application was lodged before the Commissioner under the provisions of the Victims Rights and Support Act 2013 (the ‘Act’) on 28 October 2014. BWL alleged that she was the primary victim of acts of assault and sexual assault by a neighbour, at Merrylands, on 12/09/2014 and over a period of time thereafter. She alleged that the offender had been sexually harassing her for a while whilst she was talking to him briefly and that he attacked her and that she had suffered physical and psychological injuries as a direct result.

3. The application was considered by an assessor, client claims, being the first instance decision maker on behalf of the Commissioner. On 20 February 2015, the assessor made an administrative decision that BWL was the primary victim of an act of violence and that the act of violence fell into the recognition payment category D, being an assault not resulting in grievous…