DRJ v Commissioner of Victims Rights (No 2)

(2020) 103 NSWLR 692; [2020] NSWCA 242

NSW Court of Appeal

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Interrogate

Catchwords

1. Statutory Interpretation
2. › Territorial operation of statutes
3. › Presumption of territoriality
4. › Identification of central focus or central conception of legislation
5. › Where statute silent as to territorial nexus
6. › Whether act of violence must occur in New South Wales
7. › Victims Rights and Support Act 2013 (NSW), ss 17, 19
8. › Interpretation Act 1987 (NSW), s 12
1. Constitutional Law (Cth)
2. › State Constitution
3. › Extra-territorial operation of legislation
4. › Power to provide for
5. › Drafting techniques
6. › Desirability of providing explicit legislative guidance as to intended territorial reach of laws
7. › Australia Act 1986 (Cth), s 2
1. Statutory Interpretation
2. › Interpretation Acts
3. › Construction of s 12 Interpretation Act 1987 (NSW)
4. › History and origins of provision
5. › Displacement of legal presumptions
6. › Whether s 12 expands operation of legislation to all matters with nexus to New South Wales
1. Victims Compensation
2. › Victims Rights and Support Act 2013 (NSW)
3. › Eligibility for support
4. › Primary victim of act of violence
5. › Whether act of violence must occur in New South Wales
6. › Whether perpetrator's former residence sufficient connection
7. › Whether contravention of NSW criminal law sufficient connection

Quick Take

Practitioners advising on the territorial reach of NSW legislation should apply the 'central focus or central conception' test, identifying the core concept of the statutory scheme and requiring that concept to bear a connection with NSW, rather than arguing that any nexus with NSW is sufficient.