ELW v Commissioner of Victims Rights

The case of ELW v Commissioner of Victims Rights involved the applicant, ELW, who sought a review of a decision made by the Commissioner of Victims Rights. The central issue was whether ELW was eligible for a recognition payment under the Victims of Crime Assistance Act 2018 (Vic). Specifically, the dispute centred on whether the injuries ELW sustained qualified as grievous bodily harm or actual bodily harm, which would determine the category of recognition payment they were eligible for. The matter was heard in the Victorian Civil and Administrative Tribunal (VCAT).

The primary legal issue before VCAT was whether ELW's injuries met the threshold for grievous bodily harm as defined by section 3 of the Victims of Crime Assistance Act 2018 (Vic). If ELW’s injuries qualified as grievous bodily harm, they would be eligible for a category A recognition payment of $10,000. Conversely, if the injuries were classified as actual bodily harm, they would only be eligible for a category C recognition payment of $5,000. VCAT needed to assess the evidence and determine the appropriate classification.

VCAT examined the medical evidence provided and the nature of the injuries ELW sustained. The tribunal concluded that while the injuries were significant, they did not meet the statutory definition of grievous bodily harm. The injuries did, however, constitute actual bodily harm, as they were of a serious nature and resulted in significant pain and suffering. Accordingly, VCAT determined that ELW was eligible for a category C recognition payment of $5,000. The decision of the Commissioner dated 26 July 2022 was set aside, and a new decision was made in its place.

In its decision, VCAT ordered that the Commissioner’s decision dated 26 July 2022 be set aside, and a new decision be made in its place. Specifically, ELW was deemed eligible for a category C recognition payment in the sum of $5,000. This ruling clarified the eligibility criteria for recognition payments under the Victims of Crime Assistance Act 2018 (Vic) and provided ELW with the appropriate compensation based on the classification of their injuries.