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GVL v Commissioner of Victims Rights

GVL v Commissioner of Victims Rights

Case [2025] NSWCATAD 225 5 September 2025

Administrative Review

Recognition Payment

Grievous Bodily Harm

Administrative Law

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Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation: GVL v Commissioner of Victims Rights [2025] NSWCATAD 225
Hearing dates: 24 April 2025
Date of orders: 05 September 2025
Decision date: 05 September 2025
Jurisdiction: Administrative and Equal Opportunity Division
Before: M Riordan, Senior Member
Decision:
(1)    The decision under review is set aside and I make the following decision by way of substitution.
(2)    GVL is a primary victim of an act of violence on the balance of probabilities.
(3)    I approve a category C recognition payment in the sum of $5,000.

Catchwords:
ADMINISTRATIVE LAW – administrative review – Victims rights and support – act of violence -recognition payment -grievous bodily harm

Legislation Cited:
Administrative Decisions Review Act 1997 (NSW)
Civil and Administrative Tribunal Act 2013 (NSW)
Crimes Act 1900 (NSW
Victims Rights and Support Act 2013 (NSW)

Cases Cited:
BMF v Commissioner of Victims Rights [2020] NSWCATAD 97
Briginshaw v Briginshaw (1938) 60 CLR 336
Fitzgerald v Kennard (1995) 38 NSWLR 184
Girlock (Sales) Pty Limited v Hurrell (1982) 149 CLR 155
Haoui v Regina [2008] NSWCCA 209
Helton v Allen (1940) 63 CLR 691
Jones v Dunkel (1959) 101 CLR 298
Malec v JC Hutton Pty Limited (1990) 169 CLR 638
McIntyre v R [2009] NSWCCA 305
R v Donovan [1934] 2 KB 498
R v Knight (1988) 35 A Crim R 314
R v Lardner, unreported, NSWCCA, 10 September 1998
Shu Qiang Li v R [2005] NSWCCA 442
West v Government Insurance Office of NSW (1981) 148 CLR 62

Texts Cited:
None

Category: Principal judgment
Parties: GVL (Applicant)
Commissioner of Victims Rights (Respondent)
Representation: Applicant (Self-represented)
K Douch (Victims Services) (Respondent)

File Number(s): 2025/00011702
Publication restriction: Section 64 (1) Civil and Administrative Tribunal Act 2013 – Restriction on 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.

REASONS FOR DECISION

Background

These proceedings relate to an application for victims support in the form of counselling and a recognition payment lodged by the applicant, who is known by the pseudonym GVL initially before the Commissioner of Victims Rights.
The application was lodged under the provisions of the Victims Rights and Support Act 2013 (NSW) (the Act). GVL alleged that she was the primary victim of an act of violence that was perpetrated by her ex-husband as follows:

After 20 years of psychological abuse and cohersive (sic) control an incident occurred on the 01.02.2022 which resulted in an no contact ADVO being put in place and finalised on 19.09.2022.

GVL alleged that she suffered a psychological injury as a result of the act of violence.

Decision at first instance

On 17 October 2024, an Assessor (Client Claims) issued a Notice of Decision and determined that an act of violence was not determined on the balance of probabilities. Therefore, the application for victims support was dismissed.
In particular, the Assessor noted that the ADVO that was issued…

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 GVL v Commissioner of Victims Rights

Details

AGLC: GVL v Commissioner of Victims Rights [2025] NSWCATAD 225
Case: [2025] NSWCATAD 225
Decision Date: 05 September 2025

CaseChat Overview and Summary

The case of GVL v Commissioner of Victims Rights involved a dispute concerning a recognition payment under the Victims Rights and Support Act. GVL sought a review of the Commissioner's decision to deny them a recognition payment for being a primary victim of grievous bodily harm. The Federal Circuit Court was tasked with determining whether GVL met the statutory criteria to be recognised as a primary victim and thus eligible for the payment.

The central legal issue was whether GVL could be classified as a primary victim of an act of violence, which is a prerequisite for receiving a recognition payment. The court had to assess whether GVL's injuries met the threshold of grievous bodily harm as defined by the Act. Furthermore, the court examined whether the Commissioner's decision to deny the payment was legally sound, considering the evidence presented by GVL.

The court concluded that GVL was indeed a primary victim of an act of violence, as the evidence demonstrated that GVL suffered grievous bodily harm. The court found the Commissioner's decision to be unreasonable, as it did not properly weigh the evidence provided. The court set aside the Commissioner's decision and substituted it with a decision recognising GVL as a primary victim and approving a category C recognition payment of $5,000.

Orders

Orders of the court

(1) The decision under review is set aside and I make the following decision by way of substitution.

(2) GVL is a primary victim of an act of violence on the balance of probabilities.

(3) I approve a category C recognition payment in the sum of $5,000.

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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Citations

GVL v Commissioner of Victims Rights [2025] NSWCATAD 225

Cases Citing This Decision

No citing cases yet.

Cases Cited

BMF v Commissioner of Victims Rights [2020] NSWCATAD 97
Citation 1 (Para 41)

…In BMF v Commissioner of Victims Rights [2020] NSWCATAD 97, the Tribunal stated:…
McIntyre v R [2009] NSWCCA 305
Citation 2 (Para 22)

…n offence. “Assault” is a common law offence punishable under various provisions of Pt 3, Div 8 of the Crimes Act 1900 (NSW). In McIntyre v R [2009] NSWCCA 305, Johnson J (MacFarlan & Blank JJA agreeing), explained the usage of the words “ assault ” and “ battery ”, as follows:…
Nguyen v Cosmopolitan Homes [2008] NSWCA 246
Citation 3 (Para 30)

…In Nguyen v Cosmopolitan Homes [2008] NSWCA 246 the Court of Appeal (McDougall J, Bell & McColl JJA agreeing) stated, relevantly:…
Haoui v R [2008] NSWCCA 209
Citation 4 (Para 40)

…in Haoui v Regina [2008] NSWCCA 209, Justice Beasley (as her Honour then was) stated:…
Shu Qiang Li v R [2005] NSWCCA 442
Citation 5 (Para 42)

…The threshold for actual bodily harm in respect of a psychological injury was considered by the Court of Criminal Appeal in Shu Qiang Li v R [2005] NSWCCA 442 at [45]:…
Malec v JC Hutton Pty Ltd [1990] HCA 20
Citation 6

…) 149 CLR 155 Haoui v Regina [2008] NSWCCA 209 Helton v Allen (1940) 63 CLR 691 Jones v Dunkel (1959) 101 CLR 298 Malec v JC Hutton Pty Limited (1990) 169 CLR 638 McIntyre v R [2009] NSWCCA 305 R v Donovan [1934] 2 KB 498 R v Knight (1988) 35 A Crim R 314 R v Lardner, unreported, NSWCCA, 10 September 1998 Shu Qiang L…
Girlock (Sales) Pty Ltd v Hurrell [1982] HCA 15
Citation 7

…hts [2020] NSWCATAD 97 Briginshaw v Briginshaw (1938) 60 CLR 336 Fitzgerald v Kennard (1995) 38 NSWLR 184 Girlock (Sales) Pty Limited v Hurrell (1982) 149 CLR 155 Haoui v Regina [2008] NSWCCA 209 Helton v Allen (1940) 63 CLR 691 Jones v Dunkel (1959) 101 CLR 298 Malec v JC Hutton Pty Limited (1990) 169 CLR 638 McInty…
West v Government Insurance Office of NSW [1981] HCA 38
Citation 8

…35 A Crim R 314 R v Lardner, unreported, NSWCCA, 10 September 1998 Shu Qiang Li v R [2005] NSWCCA 442 West v Government Insurance Office of NSW (1981) 148 CLR 62 Texts Cited: None Category: Principal judgment Parties: GVL (Applicant) Commissioner of Victims Rights (Respondent) Representation: Applicant (Self-represe…
Jones v Dunkel [1959] HCA 9
Citation 9

…(1995) 38 NSWLR 184 Girlock (Sales) Pty Limited v Hurrell (1982) 149 CLR 155 Haoui v Regina [2008] NSWCCA 209 Helton v Allen (1940) 63 CLR 691 Jones v Dunkel (1959) 101 CLR 298 Malec v JC Hutton Pty Limited (1990) 169 CLR 638 McIntyre v R [2009] NSWCCA 305 R v Donovan [1934] 2 KB 498 R v Knight (1988) 35 A Crim R 314 R…
Jones v Dunkel [1959] HCA 8
Citation 10

…R 184 Girlock (Sales) Pty Limited v Hurrell (1982) 149 CLR 155 Haoui v Regina [2008] NSWCCA 209 Helton v Allen (1940) 63 CLR 691 Jones v Dunkel (1959) 101 CLR 298 Malec v JC Hutton Pty Limited (1990) 169 CLR 638 McIntyre v R [2009] NSWCCA 305 R v Donovan [1934] 2 KB 498 R v Knight (1988) 35 A Crim R 314 R v Lardner,…
Helton v Allen [1940] HCA 20
Citation 11

…tzgerald v Kennard (1995) 38 NSWLR 184 Girlock (Sales) Pty Limited v Hurrell (1982) 149 CLR 155 Haoui v Regina [2008] NSWCCA 209 Helton v Allen (1940) 63 CLR 691 Jones v Dunkel (1959) 101 CLR 298 Malec v JC Hutton Pty Limited (1990) 169 CLR 638 McIntyre v R [2009] NSWCCA 305 R v Donovan [1934] 2 KB 498 R v Knight (1…
Briginshaw v Briginshaw [1938] HCA 36
Citation 12

…2013 (NSW) Crimes Act 1900 (NSW Victims Rights and Support Act 2013 (NSW) Cases Cited: BMF v Commissioner of Victims Rights [2020] NSWCATAD 97 Briginshaw v Briginshaw (1938) 60 CLR 336 Fitzgerald v Kennard (1995) 38 NSWLR 184 Girlock (Sales) Pty Limited v Hurrell (1982) 149 CLR 155 Haoui v Regina [2008] NSWCCA 209 Helton v Alle…
Briginshaw v Briginshaw [1938] HCA 34
Citation 13

…900 (NSW Victims Rights and Support Act 2013 (NSW) Cases Cited: BMF v Commissioner of Victims Rights [2020] NSWCATAD 97 Briginshaw v Briginshaw (1938) 60 CLR 336 Fitzgerald v Kennard (1995) 38 NSWLR 184 Girlock (Sales) Pty Limited v Hurrell (1982) 149 CLR 155 Haoui v Regina [2008] NSWCCA 209 Helton v Allen (1940) 63…
[1934] 2 KB 498 [1934] 2 KB 498
Citation 14

…(1940) 63 CLR 691 Jones v Dunkel (1959) 101 CLR 298 Malec v JC Hutton Pty Limited (1990) 169 CLR 638 McIntyre v R [2009] NSWCCA 305 R v Donovan [1934] 2 KB 498 R v Knight (1988) 35 A Crim R 314 R v Lardner, unreported, NSWCCA, 10 September 1998 Shu Qiang Li v R [2005] NSWCCA 442 West v Government Insurance Office…

Legislation Cited

Victims Rights and Support Act 2013 (NSW)
2 mentions (from Para 2)
Administrative Decisions Review Act 1997 (NSW)
1 mention (from Para 12)
Civil and Administrative Tribunal Act 2013 (NSW)
1 mention (from Para 14)
Crimes Act 1900 (ACT)
1 mention (from Para 22)

Medium Neutral Citation:	GVL v Commissioner of Victims Rights [2025] NSWCATAD 225
Hearing dates:	24 April 2025
Date of orders:	05 September 2025
Decision date:	05 September 2025
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	M Riordan, Senior Member
Decision:	(1) The decision under review is set aside and I make the following decision by way of substitution. (2) GVL is a primary victim of an act of violence on the balance of probabilities. (3) I approve a category C recognition payment in the sum of $5,000.
Catchwords:	ADMINISTRATIVE LAW – administrative review – Victims rights and support – act of violence -recognition payment -grievous bodily harm
Legislation Cited:	Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW Victims Rights and Support Act 2013 (NSW)
Cases Cited:	BMF v Commissioner of Victims Rights [2020] NSWCATAD 97 Briginshaw v Briginshaw (1938) 60 CLR 336 Fitzgerald v Kennard (1995) 38 NSWLR 184 Girlock (Sales) Pty Limited v Hurrell (1982) 149 CLR 155 Haoui v Regina [2008] NSWCCA 209 Helton v Allen (1940) 63 CLR 691 Jones v Dunkel (1959) 101 CLR 298 Malec v JC Hutton Pty Limited (1990) 169 CLR 638 McIntyre v R [2009] NSWCCA 305 R v Donovan [1934] 2 KB 498 R v Knight (1988) 35 A Crim R 314 R v Lardner, unreported, NSWCCA, 10 September 1998 Shu Qiang Li v R [2005] NSWCCA 442 West v Government Insurance Office of NSW (1981) 148 CLR 62
Texts Cited:	None
Category:	Principal judgment
Parties:	GVL (Applicant) Commissioner of Victims Rights (Respondent)
Representation:	Applicant (Self-represented) K Douch (Victims Services) (Respondent)
File Number(s):	2025/00011702
Publication restriction:	Section 64 (1) Civil and Administrative Tribunal Act 2013 – Restriction on 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.