Director, Crimes Victims Services Unit v Rezazadeh

CITATION:Director, Crimes Victims Services Unit & Anor v Rezazadeh [2021] NTSC 71
PARTIES:DIRECTOR, CRIMES VICTIMS SERVICES UNIT
and

AN ASSESSOR UNDER SECTION 24 OF THE VICTIMS OF CRIME ASSISTANCE ACT 2006 (NT)

v

REZAZADEH, Amir

TITLE OF COURT:  SUPREME COURT OF THE NORTHERN TERRITORY
JURISDICTION:  SUPREME COURT exercising Territory jurisdiction
FILE NO:2021-02714-SC
DELIVERED:  14 September 2021
HEARING DATE:  14 September 2021
JUDGMENT OF:  Grant CJ
REPRESENTATION:
Counsel:
Applicants:L Peattie
Respondent:  Self-represented
Solicitors:
Applicants:Solicitor for the Northern Territory
Respondent:  Self-represented
Judgment category classification:    C
Judgment ID Number:  Gra2114
Number of pages:  2

IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWIN
Director, Crimes Victims Services Unit & Anor v Rezazadeh [2021] NTSC 71
No. 2021-02714-SC
BETWEEN:

DIRECTOR, CRIMES VICTIMS SERVICES UNIT
First Applicant
and:

AN ASSESSOR UNDER SECTION 24 OF THE VICTIMS OF CRIME ASSISTANCE ACT 2006 (NT)
Second Applicant

AND:

AMIR REZAZADEH
Respondent

CORAM: GRANT CJ
REASONS FOR DECISION
(Delivered ex tempore on 14 September 2021)

This is an application made pursuant to s 141 of the Northern Territory Civil and Administrative Tribunal Act 2014 (NT) for leave to appeal from the decision of the Northern Territory Civil and Administrative Tribunal (Tribunal) made on 12 August 2021.
By that decision the Tribunal set aside the decision of the assessor under the Victims of Crime Assistance Act 2006 (NT) and awarded the respondent $40,000 in financial assistance.
The applicants contend that the Tribunal erred in law by applying common law principles to determine the amount of financial assistance without regard to the maximum award prescribed by the Regulations.
In doing so, the Tribunal applied the decision of the Supreme Court in AB v Northern Territory of Australia [2010] NTSC 8. The Tribunal failed to have regard to the fact that the decision it applied had been overturned by the Court of Appeal in the Northern Territory of Australia v AB (2010) 28 NTLR 1. On the basis of that Court of Appeal authority, the Tribunal was clearly in error in its approach to the assessment of financial assistance.
Accordingly, I make the following orders:
(a)Leave to appeal is granted.
(b)The appeal is allowed and the decision of the Northern Territory Civil and Administrative Tribunal made on 12 August 2021 is set aside.
(c)The matter is remitted to the Northern Territory Civil and Administrative Tribunal for determination in accordance with law.

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CaseChat Overview and Summary

The Supreme Court of the Northern Territory heard an application from the Director, Crimes Victims Services Unit, and another party, seeking leave to appeal from a decision of the Northern Territory Civil and Administrative Tribunal (Tribunal). The Tribunal had set aside a decision of an assessor under the Victims of Crime Assistance Act 2006 (NT) and awarded the respondent $40,000 in financial assistance. The applicants argued that the Tribunal erred in law by applying common law principles to determine the amount of financial assistance without regard to the maximum award prescribed by the Regulations. They contended that the Tribunal failed to have regard to the fact that the decision it applied had been overturned by the Court of Appeal in the Northern Territory of Australia v AB (2010) 28 NTLR 1.

The court considered the arguments made by the applicants and found that the Tribunal was clearly in error in its approach to the assessment of financial assistance. The court noted that the Tribunal had applied the decision of the Supreme Court in AB v Northern Territory of Australia [2010] NTSC 8, but had failed to take into account the subsequent Court of Appeal decision that overturned that Supreme Court decision. The court held that the Tribunal's error was a matter of law, and that the Tribunal's decision should be set aside and the matter remitted to the Tribunal for determination in accordance with law.

The court granted leave to appeal and allowed the appeal. The decision of the Northern Territory Civil and Administrative Tribunal made on 12 August 2021 was set aside, and the matter was remitted to the Tribunal for determination in accordance with law. This decision highlights the importance of ensuring that tribunals apply the correct legal principles when making decisions, and that they take into account relevant authority that may affect the outcome of a case.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established