FRG v Commissioner of Victims Rights - [2023] NSWCATAD 195

Civil and Administrative Tribunal

New South Wales

Amendment notes

Medium Neutral Citation: FRG v Commissioner of Victims Rights [2023] NSWCATAD 195
Hearing dates: 17 March 2023, 31 March 2023 and on the papers.
(Submissions closed 1 May 2023).
Date of orders: 26 July 2023
Decision date: 26 July 2023
Jurisdiction: Administrative and Equal Opportunity Division
Before: J McAteer, Senior Member
Decision:
(1) Pursuant to s 41 of the Civil and Administrative Tribunal Act 2013 the period for FRG to lodge his application for administrative review is extended to 9 January 2023.
(2) Pursuant to s 64 (1) of the Civil and Administrative Tribunal Act 2013 the identity of the applicant is not to be disclosed by way of publication or broadcast.
(3) The decision of the respondent dated 5 December 2022 is affirmed.

Catchwords:
VICTIMS Support – Administrative law – act of violence – whether evidence satisfied elements of act of violence – whether behaviour is violent conduct apparently occurring in the commission of an offence
- whether applicant primary victim of act of violence – whether evidence established on balance of probabilities

Legislation Cited:
Administrative Decisions Review Act 1997
Civil and Administrative Tribunal Act 2013
Civil and Administrative Tribunal Rules 2014
Crimes Act 1900
Victims Rights and Support Act 2013
Victims Support and Rehabilitation Act 1996 (repealed)
Victims Support and Rehabilitation Regulation 2019

Cases Cited:
Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409
EJF v Commissioner of Victims Rights [2021] NSWCATAD 168
R- v Butcher (1986) VR 43
Victims Compensation Fund Corporation v Brown [2003] HCA 54

Texts Cited:
Nil

Category: Principal judgment
Parties: ‘FRG’ (Applicant)
Commissioner of Victims Rights (Respondent)
Representation: Solicitors:
Applicant (Self Represented)
Victims Services Legal (Respondent)

File Number(s): 2023/00008147
Publication restriction: S 64 (1) of the Civil and Administrative Tribunal Act 2013 applies to the identity of the applicant.

Reasons for decision

Introduction

The applicant has made a claim seeking a recognition payment under the victims of crime scheme. The applicant asserts that they are a victim of violent crime and have suffered injury as a result. The victims of crime scheme provides that eligible victims may recover financial grants and access to the provision of services under the Victims Rights and Support Act 2013 (‘the VR & S Act’).
The applicant in these proceedings before the Tribunal is referred to as ‘FRG’, in conformity with an order made under s 64 (1) (a) of the Civil and Administrative Tribunal Act 2013 on 3 February 2023. The section provides:

64 Tribunal may restrict disclosures concerning proceedings

(1) If the Tribunal is satisfied that it is desirable to do so by reason of the confidential nature of any evidence or matter or for any other reason, it may (of its own motion or on the application of a party) make any one or more of the following orders—

(a) an order prohibiting or restricting the disclosure of the name of any person (whether or not a party to proceedings in the Tribunal…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading FRG v Commissioner of Victims Rights

Details

AGLC: FRG v Commissioner of Victims Rights [2023] NSWCATAD 195
Case: [2023] NSWCATAD 195
Decision Date: 26 July 2023

CaseChat Overview and Summary

In the case of FRG v Commissioner of Victims Rights, the applicant sought judicial review of a decision by the Commissioner, who declined to recognise FRG as the primary victim of an act of violence, thereby denying him eligibility for certain victim support services. The case was heard and determined in the Civil and Administrative Tribunal of New South Wales. The applicant argued that the Commissioner's decision was flawed as it failed to correctly apply the legal criteria for recognising a primary victim of an act of violence. The central issue for the court was to determine whether the evidence presented by the applicant met the statutory criteria for an act of violence and whether the applicant could be considered the primary victim of such an act.

The court examined the legal framework and the evidence provided by the applicant to assess whether the Commissioner's decision was legally sound. It considered the definitions and requirements under the relevant legislation, specifically focusing on whether the applicant's experience constituted an act of violence and whether this act of violence was linked to an offence. The court also scrutinised whether the applicant's status as a primary victim was adequately substantiated by the evidence. After careful analysis, the court concluded that the Commissioner's decision was justified and correctly applied the legal criteria to the facts of the case. The evidence did not sufficiently establish that the applicant was the primary victim of an act of violence on the balance of probabilities.

In light of the findings, the court upheld the Commissioner's decision. The court granted the applicant an extension of time to lodge his application for administrative review and ordered that his identity remain confidential. The final orders of the court affirmed the Commissioner's decision dated 5 December 2022, thereby denying the applicant's application for judicial review.

Orders

Orders of the court

(1) Pursuant to s 41 of the Civil and Administrative Tribunal Act 2013 the period for FRG to lodge his application for administrative review is extended to 9 January 2023.

(2) Pursuant to s 64 (1) of the Civil and Administrative Tribunal Act 2013 the identity of the applicant is not to be disclosed by way of publication or broadcast.

(3) The decision of the respondent dated 5 December 2022 is affirmed.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	FRG v Commissioner of Victims Rights [2023] NSWCATAD 195
Hearing dates:	17 March 2023, 31 March 2023 and on the papers. (Submissions closed 1 May 2023).
Date of orders:	26 July 2023
Decision date:	26 July 2023
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	J McAteer, Senior Member
Decision:	(1) Pursuant to s 41 of the Civil and Administrative Tribunal Act 2013 the period for FRG to lodge his application for administrative review is extended to 9 January 2023. (2) Pursuant to s 64 (1) of the Civil and Administrative Tribunal Act 2013 the identity of the applicant is not to be disclosed by way of publication or broadcast. (3) The decision of the respondent dated 5 December 2022 is affirmed.
Catchwords:	VICTIMS Support – Administrative law – act of violence – whether evidence satisfied elements of act of violence – whether behaviour is violent conduct apparently occurring in the commission of an offence - whether applicant primary victim of act of violence – whether evidence established on balance of probabilities
Legislation Cited:	Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Crimes Act 1900 Victims Rights and Support Act 2013 Victims Support and Rehabilitation Act 1996 (repealed) Victims Support and Rehabilitation Regulation 2019
Cases Cited:	Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 EJF v Commissioner of Victims Rights [2021] NSWCATAD 168 R- v Butcher (1986) VR 43 Victims Compensation Fund Corporation v Brown [2003] HCA 54
Texts Cited:	Nil
Category:	Principal judgment
Parties:	‘FRG’ (Applicant) Commissioner of Victims Rights (Respondent)
Representation:	Solicitors: Applicant (Self Represented) Victims Services Legal (Respondent)
File Number(s):	2023/00008147
Publication restriction:	S 64 (1) of the Civil and Administrative Tribunal Act 2013 applies to the identity of the applicant.