Director, Crimes Victims Services Unit v Rezazadeh

[2021] NTSC 71

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)

1. 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.

2. 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.

3. 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.

4. 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.

5. 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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