Australia, Aug. 26 -- New South Wales Land and Environment Court issued text of the following judgement on July 25:

1. These proceedings relate to an application for victims support in the form of a recognition payment lodged on 19 April 2023, by the applicant, who is identified for these proceedings by the pseudonym GTO (the applicant) initially before the Commissioner for Victims' Rights (the respondent). The application was lodged under the provisions of the Victims Rights and Support Act 2013 (NSW) (the Act).

2. The applicant alleged that she was the victim of domestic/family violence that was perpetrated by a named offender between 1 January 2001 and 25 January 2019, at various locations in the Illawarra Region of New South Wales, and that she suffered a psychological injury as a result.

Decision at first instance

3. On 24 June 2024,an Assessor (Client Claims) issued a Notice of Decision and found that an act of violence was not established on the balance of probabilities as required by s 19 of the Act. Accordingly, the application was dismissed.

4. I am satisfied that a copy of the decision was served on the applicant in the manner required by the Act.

Application for internal review

5. The applicant applied for an internal review and on 4 November 2024, a Senior Assessor found that there was insufficient evidence to establish, on a balance of probabilities, that the applicant was a primary victim of an act of violence. The application was dismissed.

6, I am satisfied that a copy of the decision was served on the applicant in the manner required by the Act.

Application for internal review

7. This Tribunal's powers in relation to an application for administrative review are governed by s 63 of the Administrative Decisions Review Act 1997 (NSW) (the ADR Act), which provides:

(1) In determining an application for an administrative review under this Act of an administratively reviewable decision, the Tribunal is to decide what the correct and preferable decision is having regard to the material then before it, including the following:

(a) any relevant factual material,

(b) any applicable written or unwritten law.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/198356f0d113830861f29e42)

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