Luck v Debt Recovery Program

[2014] QCAT 508

CITATION: Luck v Debt Recovery Program [2014] QCAT 508

PARTIES:	Judith Robyn Luck (Applicant)
v
Debt Recovery Program (Respondent)

APPLICATION NUMBER: GAR382-13

MATTER TYPE: General administrative review matters

HEARING DATE: 14 April 2014

HEARD AT: Brisbane

DECISION OF: Senior Member Oliver

DELIVERED ON: 15 October 2014

DELIVERED AT: Brisbane

ORDERS MADE:

1.    The time for filing the application for review is extend to 28 October 2013.

2. Insofar as the application to review a decision is made under s 116 of the Victims of Crime Assistance Act the decision of the respondent is confirmed.

3. Insofar as the application to review a decision is made under s 125 of the Victims of Crime Assistance Act:

(a)  the Tribunal invites the decision maker to reconsider the matter; and

(b) the time for reconsideration under section 23(2)(a) of the QCAT Act is extended until 28 days after the determination of the appeal in Richardson v Department of Justice and the Attorney-General

CATCHWORDS: VICTIMS ASSIST – where applicant pleaded guilty to assault – whether any grounds to dispute the conviction related to an act of violence – whether applicant sought review of amount of compensation awarded – whether applicant has a right to review the respondents decision on compensation – whether applicant entitled to confidential material in review application.

APPEARANCES:

APPLICANT: The applicant was self represented.

RESPONDENT: Ms McCarthy from the Department of Justice and the Attorney General.

REASONS FOR DECISION

1. The respondent has sought to recover $3,850.00 compensation paid to a victim of a crime from the applicant under the under the provisions of the Victims of Crime Assistance Act 2009 (Qld) (‘VOCA Act’).

2. The applicant has sought to review the decision to recover the compensation under s 20 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (‘QCAT Act’).

3. The applicant has not sought to challenge Ms Luck’s right to review the decision, nor has there been any challenge to the filing of the application outside the 28 day period for the filing of the review application from when it was received by Ms Luck. I proceed on the basis that the respondent has waived any objection to the application being filed out of time, and to ensure the tribunal is clothed with jurisdiction I will extend the time for the filing of the application until 28 October 2013.

4. The obvious difficulty with reviewing the respondent’s decision to recover the money paid to the victim is that there is no material filed by the respondent, which would assist the tribunal is deciding if the compensation payable for the injury resulting from the act of violence is reasonable.

5. There are some undisputed facts that I will set out. Mrs Luck was involved in a minor altercation with the victim on the 22nd of December 2008. She was changed with an offence of entering a dwelling and assaulting the victim. She appeared before His Honour Judge Brabazon QC, on indictment, on the 4th November 2009 and pleaded guilty to the charge. She…