Xiang v Commissioner of Victims Rights

In the case of Xiang v Commissioner of Victims Rights, the applicant, Xiang, sought a review of a decision made by the Commissioner’s delegate under the Victims Rights and Support Act 2013. The dispute centred around an order for restitution against Xiang, who had been convicted of an offence and was required to pay a sum of money to the victims. The matter was heard and determined in the Federal Circuit and Family Court of Australia.

The primary legal issue the court had to decide was whether the order for restitution was appropriate given Xiang's plea of guilty and conviction, despite the allegations that the approval of victim support was based on fraudulent conduct. The court also had to consider the application of section 56 of the Victims Rights and Support Act 2013, which deals with the imposition of restitution orders against convicted persons. Additionally, the court was required to evaluate Xiang's claims of financial hardship and impecuniosity.

In its reasoning, the court found that while Xiang had been convicted of the offence, the allegations of fraud concerning the approval of victim support were not substantiated. However, the court determined that the imposition of a restitution order was still justified based on the conviction. The court acknowledged Xiang's financial hardship but found that it did not absolve him from the obligation to make restitution. The court ordered that the decision of the Commissioner’s delegate be varied, requiring Xiang to pay a sum of $1,500 by way of restitution, in equal monthly instalments of $50.

The court's final orders were that the decision of the Commissioner’s delegate is varied, and Xiang is to pay the sum of $1,500 by way of restitution, by equal instalments of $50 per month.