BCS v NSW Civil & Administrative Tribunal

The matter of BCS v NSW Civil & Administrative Tribunal involved the applicant, BCS, seeking judicial review of a decision made by the Tribunal. The Tribunal had denied BCS an enabling order to permit them to work with children despite having a disqualifying offence. The dispute centred on the Tribunal's consideration of mandatory relevant factors under section 30 of the Child Protection (Working with Children) Act 2012 (NSW). The NSW Supreme Court was tasked with examining the Tribunal's decision-making process.

The primary legal issues before the court were whether the Tribunal correctly applied the mandatory relevant considerations as required by section 30 of the Act, and whether the Tribunal's decision was legally sound. Specifically, the court examined whether the Tribunal appropriately balanced the applicant's obligation to disclose information about their disqualifying offence against other relevant factors, such as the nature and seriousness of the offence and the risk posed to children.

The court found that the Tribunal had improperly focused on the applicant's failure to disclose information, to the exclusion of other mandatory relevant considerations. This resulted in an unjustified concentration on the disclosure issue and a disregard of the statutory obligations under section 30. The court determined that the Tribunal made findings for which there was no evidence and failed to adequately consider all mandatory factors. Consequently, the decision was flawed and had to be remitted to the Tribunal for reconsideration in accordance with the law. The court highlighted the importance of adhering to statutory mandates and ensuring a balanced approach in decision-making processes.