CQP v Commissioner of Victims Rights

The case of CQP v Commissioner of Victims Rights was heard by the Administrative Appeals Tribunal. The applicant, CQP, sought compensation under the Victims of Crime Assistance Act 2009 (Vic). The dispute centred on the assessment of two claims for compensation related to alleged domestic violence incidents. The Commissioner of Victims Rights, the respondent, had previously dismissed both claims, leading to CQP's appeal to the Tribunal.

The Tribunal was tasked with determining whether it had jurisdiction to review the Commissioner's decisions and, if so, whether the Commissioner had erred in dismissing the claims. A key legal issue was whether the Tribunal had jurisdiction to review the decisions in the absence of an internal review process, as mandated by the Act. Additionally, the Tribunal needed to decide whether the acts of violence alleged by CQP were established on the balance of probabilities, a threshold requirement for compensation under the Act.

The Tribunal found that it had jurisdiction to review the Commissioner's decisions despite the absence of an internal review process. It emphasised that the Act did not explicitly preclude the Tribunal from exercising its jurisdiction in such circumstances. The Tribunal concluded that the Commissioner's decisions were flawed because they did not properly consider the evidence of the acts of violence. On the balance of probabilities, the Tribunal found that the acts of violence had indeed occurred, thereby satisfying the statutory criteria for compensation. Accordingly, the Tribunal set aside the Commissioner's decisions and approved the compensation claims.

In its orders, the Tribunal set aside the Commissioner's decisions dated 12 August 2014 and approved Category C recognition payments in the sum of $5,000 for each of the compensation applications referenced as 159288 and 171511.