GFM v Commissioner of Victims Rights

Case [2024] NSWCATAD 156

Civil and Administrative Tribunal


New South Wales

  • Amendment notes
Medium Neutral Citation: GFM v Commissioner of Victims Rights [2024] NSWCATAD 156
Hearing dates: 10 May 2024
Date of orders: 06 June 2024
Decision date: 06 June 2024
Jurisdiction:Administrative and Equal Opportunity Division
Before: M Riordan, Senior Member
Decision:

(1)   In relation to matter no. 2024/00053727 (claim no. 00408096), the Senior Assessor’s decision dated 10 January 2024 is affirmed.

(2)   In relation to matter no. 2024/00053705 (claim no. 00476229), the application for administrative review is dismissed.

(3) Pursuant to section 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW), publication of information that will identify any victims or evidence given and received in this Tribunal hearing or in relation to the proceedings which is likely to identify those persons is prohibited.

Catchwords:

ADMINISTRATIVE LAW — administrative review — victims rights and support — recognition payment

— whether act of violence is one of a series of related acts

Legislation Cited:

Administrative Decisions Review Act 1997 (NSW)

Civil and Administrative Tribunal Act 2013 (NSW)

Victims Rights and Support Act 1996 (NSW) (repealed)

Victims Rights and Support Act 2013 (NSW)

Cases Cited:

BDJ v Victims Compensation Fund Corporation (No 2) [2014] NSWCATAD 187

BMF v Commissioner of Victims Rights [2016] NSWCATAD 54

BWQ v Commissioner of Victims Rights [2015] NSWCATAD 197

CFV v Commissioner of Victims Rights [2016] NSWCATAD 152

EGM v Commissioner of Victims Rights [2020] NSWCATAD 181

Elena Harvey v Victims Compensation Tribunal & Anor) [2001] NSWSC 604

FGY v Commissioner of Victims Rights [2022] NSWCATAD 223

Fleming v White [1981] 1 NSWLR 719

Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355

Victims Compensation Fund Corporation v Brown [2003] HCA 54

Victims Compensation Fund Corporation v JM [2011] NSWCA 89

Texts Cited:

None

Category:Principal judgment
Parties: GFM (Applicant)
Commissioner of Victims Rights (Respondent)
Representation: Solicitors:
Women’s Legal Services (Applicant)
K Douch (Victims Services) (Respondent)
File Number(s): 2024/00053705 and 2024/00053727
Publication restriction: (1) The publication or broadcast of the name of the applicant (GFM) is prohibited. This order is made under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013.
(2) Pursuant to section 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW), publication of information that will identify any victims or evidence given and received in this Tribunal hearing or in relation to the proceedings which is likely to identify those persons is prohibited.

REASONS FOR DECISION

Background

  1. These proceedings relate to two applications for victims support under the Victims Rights and Support Act 2013 (NSW) (the Act) in the form of counselling and a recognition payment lodged by solicitors acting for the applicant, who is known by the pseudonym GFM, initially before the Commissioner of Victims Rights (the Respondent), as follows:

  1. Claim no. 00408096 – GFM alleged an incident of sexual assault that was perpetrated by her partner in December 2018; and

  2. Claim no. 00476229 – GFM alleged that she was the victim of physical domestic violence perpetrated by her partner over…

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Details
AGLC
GFM v Commissioner of Victims Rights [2024] NSWCATAD 156
Case
[2024] NSWCATAD 156
Decision Date

CaseChat Overview and Summary

The applicant, GFM, sought administrative review of a decision by the Commissioner of Victims Rights to deny their claim for a recognition payment under the Victims Rights and Support Act 2013 (NSW). The dispute centred on whether the act of violence against GFM was part of a series of related acts, which would entitle them to the payment. The matter was heard by the Civil and Administrative Tribunal (CAT).

The court had to determine whether the act of violence against GFM was part of a series of related acts. The relevant statutory provision, section 6(1)(b) of the Act, stipulates that a recognition payment is available if the act of violence is one of a series of related acts. The Commissioner argued that the act of violence was not part of such a series, a contention which GFM disputed. The court's task was to review the Commissioner's decision to ensure it was legally sound and supported by relevant evidence.

The Tribunal found that the Commissioner's decision was legally correct and supported by evidence. The Tribunal held that the act of violence against GFM was not part of a series of related acts, as required by the Act. The evidence presented by GFM did not establish a clear connection between the act of violence and other acts that would qualify as a series. Therefore, the Tribunal affirmed the Senior Assessor's decision and dismissed the application for administrative review. The CAT also issued an order prohibiting the publication of any information that may identify the victims or the evidence given in the proceedings.

Orders

Orders of the court

(1) In relation to matter no. 2024/00053727 (claim no. 00408096), the Senior Assessor’s decision dated 10 January 2024 is affirmed.

(2) In relation to matter no. 2024/00053705 (claim no. 00476229), the application for administrative review is dismissed.

(3) Pursuant to section 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW), publication of information that will identify any victims or evidence given and received in this Tribunal hearing or in relation to the proceedings which is likely to identify those persons is prohibited.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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