ADMINISTRATIVE LAW - administrative review - Victims' rights and support - recognition payment
Source
Original judgment source is linked above.
Catchwords
ADMINISTRATIVE LAW - administrative review - Victims' rights and support - recognition payment
Judgment (5 paragraphs)
[1]
Section 64 (1) (a) 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.
[2]
These proceedings relate to an application for victims support in the form of a recognition payment lodged by the applicant, who is known by the pseudonym GWK (the applicant), initially before the Commissioner for Victims' Rights (the respondent).
The applicant alleged that she was the primary victim of acts of violence which occurred over the period from 1 January 1973 to 31 December 1975, whilst she was a child, in New South Wales. She alleges that she was sexually touched and/or sexually assaulted by her Uncle.
The respondent dismissed the application for victims support on the basis that there was insufficient evidence to establish, on the balance of probabilities, that the applicant was the primary victim of an act of violence.
That decision was maintained upon internal review and the applicant then applied to the Tribunal for an administrative review of that decision.
I conducted a hearing of the application for administrative review on 23 May 2025, at which time the applicant was supported by Ms H McWilliam and Ms K Douch, Victims Services, appeared for the respondent.
The applicant gave oral evidence during the hearing, including considerable detail of the alleged acts of violence and the circumstances in which they occurred.
I also considered the parties' written submissions and I heard oral submissions from both legal representatives.
I then gave an ex-tempore decision and made orders approving victims support in the form of a recognition payment in favour of the applicant.
However, the parties have requested written reasons, which I set out below.
[3]
I accept the applicant's oral evidence, which was given with considerable courage on her part especially noting the events that she described and the fact that she was a young child when they occurred. I congratulate her for her forthrightness and candour and find that she gave her evidence without any overt sign of exaggeration or embellishment.
Based on that evidence, I feel a sense of actual persuasion that the events that the applicant described in her evidence, occurred in the manner alleged: Nguyen v Cosmopolitan Homes [2008] NSWCA 246.
I am therefore satisfied that the applicant was a primary victim of an act of violence, in the nature of inappropriate sexual touching of a child and/or sexual assault, which occurred over a period of time from 1 January 1973 to 31 December 1975, and that she suffered a psychological injury as a direct result of the act of violence.
I am also satisfied that the act of violence comprised multiple incidents, which were committed by the same perpetrator and in the same location and that they are therefore properly considered as a series of related acts: s 19(4) of the Act.
Based on a consideration of all of the evidence before me, I am satisfied that the applicant is eligible for a category B recognition payment in the sum of $10,000, on the basis that she was the victim of sexual assault, indecent assault or attempted sexual assault involving violence that was one of a series of related acts.
There are no factors under s 44 of the Act that justify either the withholding of victims support or the reduction of the amount of victims support approved.
[4]
(1) The decision under review is set aside and the following decision is made in substitution:
(a) The applicant is the primary victim of an act of violence on the balance of probabilities.
(b) I approve a category B recognition payment in the sum of $10,000.
(c) There are no factors under s 44 of the Act that justify either the withholding of victims support or the reduction of the amount of victims support approved.
[5]
I hereby certify that this is a true and accurate record of the reasons for decision of the Civil and Administrative Tribunal of New South Wales.
Parties
Applicant/Plaintiff:
GWK
Respondent/Defendant:
Commissioner of Victims Rights [2025] NSWCATAD 184;