FGD v Commissioner of Victims Rights

The case involved FGD, who sought recognition as a victim of domestic violence and eligibility for a recognition payment under the Victims of Crime Assistance Act 2006 (Vic). The Commissioner of Victims Rights rejected FGD's application, leading to a judicial review in the Supreme Court of Victoria. The primary dispute was whether FGD was a primary victim of an act of violence and if they suffered grievous bodily harm, which would entitle them to a category C recognition payment.

The court needed to decide if FGD met the definition of a primary victim under the Act and if the injuries sustained qualified as grievous bodily harm, thus warranting a category C recognition payment. This involved interpreting statutory provisions and considering the evidence presented regarding the nature and extent of the injuries. The court also had to evaluate whether the Commissioner's decision was legally sound and if there were any procedural errors.

The court found that the Commissioner's decision was flawed as it did not correctly apply the statutory criteria. The judge held that the evidence supported the conclusion that FGD was a primary victim of an act of violence and that the injuries were grievous bodily harm. The court emphasised that the Commissioner's role is to apply the statutory provisions objectively and that there was no basis to conclude otherwise. Consequently, the decision was set aside, and a new decision was made in favour of FGD, recognising their status as a primary victim and their eligibility for the payment.