BWQ v Commissioner of Victims Rights

The applicant, BWQ, sought judicial review of a decision made by the Commissioner of Victims Rights in relation to a recognition payment for being a victim of domestic violence and physical assault. The case was heard in the Federal Circuit and Family Court of Australia. The applicant argued that she was a primary victim of an act of violence which resulted in grievous bodily harm, and that she was entitled to a Category C recognition payment of $5,000 under the Victims Rights and Support Act 2013 and the accompanying regulation.

The court was required to decide whether to grant leave to the applicant to proceed with her application for judicial review, despite the late application for internal review. The court also had to determine whether the applicant was a primary victim of an act of violence resulting in grievous bodily harm and whether she was entitled to a Category C recognition payment. The Commissioner of Victims Rights argued that the application for internal review was made late and that the applicant was not entitled to a Category C recognition payment.

The court held that it had the discretion to grant leave to the applicant to proceed with her application for judicial review, despite the late application for internal review. The court found that the applicant was a primary victim of an act of violence resulting in grievous bodily harm, as she had suffered from a series of related acts of domestic violence and physical assault over a period of two years. The court also found that the applicant was entitled to a Category C recognition payment of $5,000, as she met the criteria under the Victims Rights and Support Act 2013 and the accompanying regulation.

The court granted leave to the applicant to proceed with her application for judicial review and varied the decision of the Assessor (Client Claims) to recognise the applicant as a primary victim of an act of violence resulting in grievous bodily harm. The court ordered that the applicant was entitled to a Category C recognition payment of $5,000. The Commissioner of Victims Rights was directed to pay the applicant the recognition payment within 28 days of the judgment.