Australia, July 30 -- New South Wales Land and Environment Court issued text of the following judgement on June 30:

1. In July 2017 the applicant Ms Lin was convicted at Hornsby Local Court of the offence of assault occasioning actual bodily harm (s 59 Crimes Act 1900).

2. Subsequently in November 2018 a delegate of the Commissioner of Victims Rights (the respondent), approved a payment of victims support to the victim of the assault perpetrated by Ms Lin. The amount of support approved was $5,000.00 in total.

3. The Commissioner issued a Notice of Determination of Objection to a restitution order under section 65 of the Victims Rights and Support Act 2013 (the VRS Act) on 9 June 2023. That Notice of Determination of Objection arose in response to an objection to an Order for Restitution issued by the Commissioner of Victims Rights, under Part 5 of the VRS Act on 1 March 2023.

4. Ms Lin sought administrative review in the Tribunal of the Notice of Determination of Objection on 3 July 2023. Ms Lin's administrative review focused on grounds that the nature of the Court proceedings for which the Order had been applied against and issued by the Commissioner, were civil in nature and therefore precluded from Part 5 Division 2 of the VRS Act.

5. On 4 August 2023 after hearing the Tribunal confirmed the order in accordance with s 67 (3) of the VRS Act and delivered oral reasons. Written reasons were subsequently provided as a result of a request by a party pursuant to s 62 (2) of the Civil and Administrative Tribunal Act 2013 (the NCAT Act). In the absence of any further evidence from Ms Lin the Tribunal determined that there was no basis to exercise the discretion provided in s 69 of the VRS Act to the reduce the amount to be paid under the confirmed Order. The amount of $5,000.00 was payable by Ms Lin under s 70A of the VSR Act.

6. Ms Lin appealed to the internal Appeal Panel of the Tribunal which heard her appeal on 3 November 2023. On 8 November 2023 the Appeal Panel in dismissing the appeal found that s 59 (2) (b) of the VRS Act did not preclude the Commissioner from making an order for Restitution against Ms Lin, as the 2017 Court proceedings were not civil proceedings (Lin v Commissioner of Victims Rights [2023] NSWCATAP 302).

7. In late 2023 Ms Lin filed a summons in the NSW Supreme Court seeking to have the decision of the Appeal Panel set aside and the Commissioner's order reversed. Again the issue before the Court was the nature of the legal proceedings which led to Ms Lin's earlier conviction. After a hearing on 27 March 2024 in a decision published 22 April 2024 the Court found at [30] that the Appeal Panel correctly concluded, contrary to Ms Lin's case, that the 2017 proceedings were not civil proceedings, but criminal proceedings. Her proceedings were dismissed by the Court and an order for costs on an ordinary basis was made against Ms Lin. (Lin v Commissioner of Victims Rights [2024] NSWSC 423).

30. The Appeal Panel correctly concluded, contrary to Ms Lin's case, that the 2017 proceedings were not civil proceedings, but criminal proceedings. That was because they concerned Ms Lin's offence of assault occasioning actual bodily harm, which had been dealt with summarily by a Magistrate: at [26]. It followed that those proceedings thus fell within the definition of criminal proceedings, pursued as they had been against Ms Lin.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197be87c0ced1db4d295e68e)

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