Pham v Commissioner of Victim Rights

The case of Pham v Commissioner of Victim Rights involved the applicant, Mr Pham, who appealed against a decision of the NCAT, seeking a declaration that he was a victim of an act of violence under the Victims Rights and Support Act 2013 (NSW). The applicant claimed that he suffered from an act of violence following his arrest by police, which was a necessary condition for his eligibility for victim support. The Commissioner of Victim Rights opposed the appeal, arguing that Mr Pham had not met the statutory requirements to be classified as a victim of an act of violence. The court was required to determine whether the NCAT had erred in its interpretation of the law in dismissing Mr Pham's claim and whether it was appropriate for the NCAT to make findings concerning the unreasonable use of force when such matters had not been specifically raised before it.

The court considered the distinction between the lawfulness of the conduct as established by section 230 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) and the need for Mr Pham to establish the commission of an offence. The court noted that the NCAT was not required to make findings on issues not raised before it, particularly when the applicant had failed to pursue civil proceedings following the final hearing in the District Court. The court held that the NCAT did not err in law in rejecting Mr Pham's claim and found that there was no basis for the appeal to succeed. The court also noted that Mr Pham's failure to pursue civil proceedings after the final hearing in the District Court was significant in determining the outcome of the appeal.

The appeal was dismissed, and the orders made by the NCAT were affirmed. The court found that there was no error of law in the NCAT's decision and that the Commissioner of Victim Rights was not liable to pay Mr Pham's costs of the appeal. The court's decision emphasised the importance of ensuring that all relevant issues are raised before the NCAT and the need for applicants to pursue appropriate legal remedies when necessary.