Legal Research
Cases
DEF v Children's Guardian

DEF v Children's Guardian

Case [2017] NSWCATAD 294 6 October 2017

Judicial Review

Stay of Proceedings

Administrative Law

No judgment structure available for this case.

Type to search within this case.

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation: DEF v Children's Guardian [2017] NSWCATAD 294
Hearing dates: 22 August 2017
Date of orders: 06 October 2017
Decision date: 06 October 2017
Jurisdiction: Administrative and Equal Opportunity Division
Before: M Anderson, Senior Member
Decision:
(1) The application for a stay of the operation of the decision under review is refused.

Catchwords: ADMINISTRATIVE LAW-review under section 27 Child Protection (Working with Children) Act 2012 (NSW)-where cancellation of working with children check clearance- where application for a stay of the decision while review application is to be heard later – where paramount concern is protecting children from child abuse – whether to grant an interim stay under section 60, 61, 62 Administrative Decisions Review Act 1997 (NSW) – where the applicant and his partner reside permanently in Queensland – where factors to consider on stay application do not favour granting a stay.
Legislation Cited: Administrative Decisions Review Act 1997(NSW)
Child Protection (Working with Children) Act 2012 (NSW)
Child Protection (Working with Children) Regulation 2013 (NSW)
Children and Young Persons (Care and Protection) Act 1998(NSW)
Civil and Administrative Tribunal Act 2013 (NSW)
Constitution (Cth)
Evidence Act 1995 (NSW)
Judiciary Act 1903 (Cth)
Cases Cited: 1st Fleet Pty Ltd v Australian Co-Operative Foods Ltd [2006] NSWSC 881
AHJ v NSW Trustee and Guardian [2011] NSWADT 311
ALH Group Pty Ltd v Dicey’s Toowong Pty Ltd [2003] 2 QdR 1
AYU v NSW Office of the Children’s Guardian [2014] NSWCATAD 69
BCS v NSW Civil & Administrative Tribunal [2015] NSWSC 126
Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37
BFX v Children’s Guardian [2014] NSWCATAD 115
BGX v Children's Guardian [2014] NSWCATAD 173
BHL v Children’s Guardian [2015] NSWCATAD 46
BHY v Children’s Guardian [2015] NSWCATAD 91
BJB v NSW Office of the Children’s Guardian [2014] NSWCATAD 111
BJB v NSW Office of the Children's Guardian (No 2) [2014] NSWCATAD 164
BKE v Office of the Children’s Guardian [2015] NSWSC 523
BKN v Children’s Guardian [2014] NSWCATAD 213
BKP v Children's Guardian [2014] NSWCATAD 207
BKV v Children’s Guardian [2015] NSWCATAD 65
BKV v Children’s Guardian [2015] NSWSC 1602
BLD v Children’s Guardian [2015] NSWCATAD 2
Bowen-James v Delegate of Director-General of Department of Health (1992) 27 NSWLR 457
BPA v Children’s Guardian [2015] NSWCATAD 36
Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336
Bronze Wing Ammunition Pty Limited v SafeWork NSW (No 2) [2016] NSWSC 988
Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41
Burns v Corbett; Gaynor v Burns [2017] NSWCA 3
BVT v Office of the Children’s Guardian [2016] NSWSC 1169
BXJ v Children's Guardian [2016] NSWCATAD 11
BYR v Children’s Guardian [2013] NSWADT 310
BZU v Children’s Guardian [2016] NSWCATAD 3
Carr v Simnovic (1980) 26 SASR 263
Castlemaine Tooheys Limited v South Australia [1986] HCA 58
CHB v Children’s Guardian [2016] NSWCATAD 214
Children’s Guardian v BQJ [2016] NSWSC 869
CJT v Office of the Children’s Guardian [2016] NSWSC 738
CLD v Children's Guardian…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading DEF v Children's Guardian

Details

AGLC: DEF v Children's Guardian [2017] NSWCATAD 294
Case: [2017] NSWCATAD 294
Decision Date: 06 October 2017

CaseChat Overview and Summary

The case of DEF v Children's Guardian involved the applicant, DEF, who sought to challenge the decision of the Children's Guardian to cancel his working with children check clearance under the Child Protection (Working with Children) Act 2012 (NSW). The applicant sought an interim stay of that decision pending the hearing of the substantive review application. The application was heard in the Land and Environment Court of New South Wales.

The primary legal issue before the court was whether to grant an interim stay of the decision to cancel the applicant's clearance while the substantive review application was being heard. The court considered the relevant statutory provisions under the Administrative Decisions Review Act 1997 (NSW) and the factors it was required to consider under section 60, 61 and 62 of that Act. The paramount concern in making this decision was to protect children from child abuse.

The court concluded that the factors to be considered in deciding whether to grant an interim stay did not favour doing so. The applicant and his partner resided permanently in Queensland, and the applicant did not have a close connection to New South Wales. The court also noted that the applicant had not provided sufficient evidence to establish that there was a serious question to be tried on the merits of the substantive review application. Accordingly, the court refused the application for an interim stay of the decision to cancel the applicant's clearance. The applicant was ordered to pay the Children's Guardian's costs of the application.

Orders

Orders of the court

(1) The application for a stay of the operation of the decision under review is refused.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Citations

AGLC Citation

DEF v Children's Guardian [2017] NSWCATAD 294

Cases citing this decision · 0 of 0 shown

No citing cases yet.

Cases cited in this decision · 50 of 75 shown

Tilley v Children's Guardian
[2017] NSWCA 174 Para 16

…In Tilley v Children’s Guardian [2017] NSWCA 174 at [5] the Court of Appeal identified that the Children’s Guardian makes the decision currently under review and the office created by section 178F of the Children and Young Persons (Care and Protection) Act , the Office of the Children’s Guardian, is a statutory off…
CYY v Children's Guardian
[2017] NSWCATAD 155

…[2002] NSWSC 949; 56 NSWLR 476 CSZ v Children’s Guardian [2017] NSWCATAD 57 CYY v Children’s Guardian [2017] NSWCATAD 155 Elgammal V Director General, Department of Transport [1999] NSWADT 82 Greyhound Racing Authority v Bragg [2003] NSWCA 388 Hall v New South Wales Trotting Club Ltd [1977] 1 NSWLR 378 Karakatsanis v…
CLD v Children's Guardian
[2017] NSWCATAD 134 Para 122

…referred to in section 60(3)(c) of the Administrative Decisions Review Act and for the purpose of the stay application. In CLD v Children's Guardian [2017] NSWCATAD 134 the Tribunal referred to and adopted the discussion of the public interest in the decision of the Victorian Court of Appeal in Secretary, Department…
Bronze Wing International Pty Ltd v SafeWork NSW
[2017] NSWCA 41 Para 38

…The Court of Appeal in Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 on 9 March 2017 after granting leave to appeal, dismissed the appeal from Justice Button’s decision and orders in Bronze Wing.…
Anglo American Investments Pty Ltd v Deputy Commissioner of Taxation
[2017] NSWCA 17

…152 4 TF v Department of Family & Community Services [2015] NSWSC 694 Tilley v Children’s Guardian [2017] NSWCA 17 Ye v Commissioner for Fair Trading; Ucer Investments and Resources Management Pty Ltd v Commissioner for Fair Trading [2016] NSWCATAD 147 YG & GG v Minister for Community Services [2002] NSWCA 247 ZZ…
Burns v Corbett; Gaynor v Burns
[2017] NSWCA 3 Para 8

…The Court of Appeal determined in Burns v Corbett; Gaynor v Burns [2017] NSWCA 3 that the Tribunal doesn’t have jurisdiction to determine disputes under the Anti-Discrimination Act 1977 (NSW) between residents of different States.…
CSZ v Children's Guardian
[2017] NSWCATAD 57

…1 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 CSZ v Children’s Guardian [2017] NSWCATAD 57 CYY v Children’s Guardian [2017] NSWCATAD 155 Elgammal V Director General, Department of Transport [1999] NSWADT 82 Greyhound Racing Authority v Bragg [2003] NSWCA 388 Hall v New South Wales Trot…
CHB v Children's Guardian
[2016] NSWCATAD 214

…ovic (1980) 26 SASR 263 Castlemaine Tooheys Limited v South Australia [1986] HCA 58 CHB v Children’s Guardian [2016] NSWCATAD 214 Children’s Guardian v BQJ [2016] NSWSC 869 CJT v Office of the Children’s Guardian [2016] NSWSC 738 CLD v Children's Guardian [2017] NSWCATAD 134 Collector of Customs (Tas) v Flinders Islan…
BVT v Office of the Children's Guardian
[2016] NSWSC 1169

…SafeWork NSW [2017] NSWCA 41 Burns v Corbett; Gaynor v Burns [2017] NSWCA 3 BVT v Office of the Children’s Guardian [2016] NSWSC 1169 BXJ v Children's Guardian [2016] NSWCATAD 11 BYR v Children’s Guardian [2013] NSWADT 310 BZU v Children’s Guardian [2016] NSWCATAD 3 Carr v Simnovic (1980) 26 SASR 263 Castlemaine Too…
Bronze Wing Ammunition Pty Limited v SafeWork NSW (No 2)
[2016] NSWSC 988 Para 34

…This concept is repeated in the Supreme Court decision in Bronze Wing Ammunition Pty Limited v SafeWork NSW (No 2) [2016] NSWSC 988 in the way referred to in the following paragraphs.…
Ye v Commissioner for Fair Trading; Ucer Investments and Resources Management Pty Ltd v Commissioner for Fair Trading
[2016] NSWCATAD 147 Para 82

…ent Hennessy in Ye v Commissioner for Fair Trading; Ucer Investments and Resources Management Pty Ltd v Commissioner for Fair Trading [2016] NSWCATAD 147 at [34] applies that traditional formulation to a consideration of a stay pursuant to section 60 of the Administrative Decisions Review Act . The Deputy President al…
Children's Guardian v BQJ
[2016] NSWSC 869

…ted v South Australia [1986] HCA 58 CHB v Children’s Guardian [2016] NSWCATAD 214 Children’s Guardian v BQJ [2016] NSWSC 869 CJT v Office of the Children’s Guardian [2016] NSWSC 738 CLD v Children's Guardian [2017] NSWCATAD 134 Collector of Customs (Tas) v Flinders Island Community Association (1985) 7 FCR 205 Comm…
CJT v Office of the Children's Guardian
[2016] NSWSC 738 Para 39

…e Act that the Tribunal did not fall into error by applying the civil onus to determining a factual matter: CJT v Office of the Children’s Guardian [2016] NSWSC 738, per Fullerton J, at [34], [56], [61].…
BXJ v Children's Guardian
[2016] NSWCATAD 11 Para 22

…tter to a significant degree, having regard and assessing the particular facts and more recent context of this matter. In BXJ v Children's Guardian [2016] NSWCATAD 11 ( BXJ ) the Tribunal considered whether to extend a stay which had been previously granted by the Principal Member, on conditions, to the date of final…
BZU v Children's Guardian
[2016] NSWCATAD 3

…v Children's Guardian [2016] NSWCATAD 11 BYR v Children’s Guardian [2013] NSWADT 310 BZU v Children’s Guardian [2016] NSWCATAD 3 Carr v Simnovic (1980) 26 SASR 263 Castlemaine Tooheys Limited v South Australia [1986] HCA 58 CHB v Children’s Guardian [2016] NSWCATAD 214 Children’s Guardian v BQJ [2016] NSWSC 869 CJT…
BKV v Children's Guardian
[2015] NSWSC 1602

…213 BKP v Children's Guardian [2014] NSWCATAD 207 BKV v Children’s Guardian [2015] NSWCATAD 65 BKV v Children’s Guardian [2015] NSWSC 1602 BLD v Children’s Guardian [2015] NSWCATAD 2 Bowen-James v Delegate of Director-General of Department of Health (1992) 27 NSWLR 457 BPA v Children’s Guardian [2015] NSWCATAD 36 B…
TF v Department of Family & Community Services
[2015] NSWSC 694 Para 11

…In TF v Department of Family & Community Services [2015] NSWSC 694, Young AJA held that the Children’s Court of New South Wales had no jurisdiction to hear a case in the Children’s Court where the child was in Victoria at the time of commencement of the proceedings because of the jurisdictional limitation in sectio…
BKE v Office of the Children's Guardian
[2015] NSWSC 523 Para 59

…e Children's Guardian (No 2) [2014] NSWCATAD 164. This is also the test to be applied in these proceedings: BKE v Office of the Children’s Guardian [2015] NSWSC 523.…
BHY v Children's Guardian
[2015] NSWCATAD 91

…] NSWCATAD 115 BGX v Children's Guardian [2014] NSWCATAD 173 BHL v Children’s Guardian [2015] NSWCATAD 46 BHY v Children’s Guardian [2015] NSWCATAD 91 BJB v NSW Office of the Children’s Guardian [2014] NSWCATAD 111 BJB v NSW Office of the Children's Guardian (No 2) [2014] NSWCATAD 164 BKE v Office of the Children’s G…
BKV v Children's Guardian
[2015] NSWCATAD 65 Para 61

…ection 27 or section 28 of the Act: BJB v NSW Office of the Children's Guardian (No 2) [2014] NSWCATAD 164, at [36]-[45]; BKV v Children’s Guardian [2015] NSWCATAD 65. This approach appears to be supported by the decision of the Supreme Court in BKE v Office of the Children’s Guardian at [33]. It is useful to set out…
BHL v Children's Guardian
[2015] NSWCATAD 46

…14] NSWCATAP 37 BFX v Children’s Guardian [2014] NSWCATAD 115 BGX v Children's Guardian [2014] NSWCATAD 173 BHL v Children’s Guardian [2015] NSWCATAD 46 BHY v Children’s Guardian [2015] NSWCATAD 91 BJB v NSW Office of the Children’s Guardian [2014] NSWCATAD 111 BJB v NSW Office of the Children's Guardian (No 2) [2014…
BPA v Children's Guardian
[2015] NSWCATAD 36

…AD 2 Bowen-James v Delegate of Director-General of Department of Health (1992) 27 NSWLR 457 BPA v Children’s Guardian [2015] NSWCATAD 36 Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 Bronze Wing Ammunition Pty Limited v SafeWork NSW (No 2) [2016] NSWSC 988 Bronze Wing International Pty Ltd v SafeWork NSW [2017] N…
BCS v NSW Civil & Administrative Tribunal
[2015] NSWSC 126 Para 24

…ust be considered in section 30 of the Act are taken into account, the review will comply with the Act: see BCS v NSW Civil & Administrative Tribunal [2015] NSWSC 126.…
BLD v NSW Office of the Children's Guardian
[2015] NSWCATAD 2

…207 BKV v Children’s Guardian [2015] NSWCATAD 65 BKV v Children’s Guardian [2015] NSWSC 1602 BLD v Children’s Guardian [2015] NSWCATAD 2 Bowen-James v Delegate of Director-General of Department of Health (1992) 27 NSWLR 457 BPA v Children’s Guardian [2015] NSWCATAD 36 Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 3…
BKN v Children's Guardian
[2014] NSWCATAD 213

…dren's Guardian (No 2) [2014] NSWCATAD 164 BKE v Office of the Children’s Guardian [2015] NSWSC 523 BKN v Children’s Guardian [2014] NSWCATAD 213 BKP v Children's Guardian [2014] NSWCATAD 207 BKV v Children’s Guardian [2015] NSWCATAD 65 BKV v Children’s Guardian [2015] NSWSC 1602 BLD v Children’s Guardian [2015] NSWCA…
BKP v Children's Guardian
[2014] NSWCATAD 207

…v Office of the Children’s Guardian [2015] NSWSC 523 BKN v Children’s Guardian [2014] NSWCATAD 213 BKP v Children's Guardian [2014] NSWCATAD 207 BKV v Children’s Guardian [2015] NSWCATAD 65 BKV v Children’s Guardian [2015] NSWSC 1602 BLD v Children’s Guardian [2015] NSWCATAD 2 Bowen-James v Delegate of Director-Gener…
BGX v Children's Guardian
[2014] NSWCATAD 173

…[2015] NSWSC 126 Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 BFX v Children’s Guardian [2014] NSWCATAD 115 BGX v Children's Guardian [2014] NSWCATAD 173 BHL v Children’s Guardian [2015] NSWCATAD 46 BHY v Children’s Guardian [2015] NSWCATAD 91 BJB v NSW Office of the Children’s Guardian [2014] NSWCATAD 111 BJB v NSW…
BJB v NSW Office of the Children's Guardian (No 2)
[2014] NSWCATAD 164 Para 33

…The decision of the Tribunal in BJB v NSW Office of the Children's Guardian (No 2) [2014] NSWCATAD 164, recorded at [32]:…
BFX v Children's Guardian
[2014] NSWCATAD 115 Para 68

…As the Tribunal observed in BFX v Children's Guardian [2014] NSWCATAD 115 at [43]-[48] and in a number of subsequent decisions, these extracts from the second reading speech assist in the interpretation of the requirements contained in the Act, and, with respect to the previous judicial pronouncements, where the real…
BJB v Office of the Children's Guardian
[2014] NSWCATAD 111 Para 22

…The Tribunal has previously considered the grant of a stay in section 27 proceedings in BJB v NSW Office of the Children’s Guardian [2014] NSWCATAD 111, but in different factual circumstances and accordingly these reasons draw upon the reasons in that matter to a significant degree, having regard and assessing the par…
AYU v NSW Office of the Children's Guardian
[2014] NSWCATAD 69

…tee and Guardian [2011] NSWADT 311 ALH Group Pty Ltd v Dicey’s Toowong Pty Ltd [2003] 2 QdR 1 AYU v NSW Office of the Children’s Guardian [2014] NSWCATAD 69 BCS v NSW Civil & Administrative Tribunal [2015] NSWSC 126 Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 BFX v Children’s Guardian [2014] NSWCATAD 115 BGX v Chi…
AYU v NSW Office of the Children's Guardian
[2014] NSWCATAD 9 Para 59

…icant is " a real and appreciable risk ": see BYR v Children's Guardian [2013] NSWADT 310, at [38], [39]; AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 9, at [37], [38]; Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476, at [42] per Young CJ in Eq (as he then was). That test h…
BYR v Children's Guardian
[2013] NSWADT 310 Para 59

…sidering earlier predecessor legislation is whether the risk posed by the applicant is " a real and appreciable risk ": see BYR v Children's Guardian [2013] NSWADT 310, at [38], [39]; AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 9, at [37], [38]; Commission for Children and Young People v V [2002] NSW…
Karakatsanis v Racing Victoria Ltd
[2013] VSCA 305 Para 37

…f and some refinement of the civil standard of proof to the effect referred to in the Victorian Court of Appeal in Karakatsanis v Racing Victoria Ltd [2013] VSCA 305; (2013) 42 VR 176 (“ Karakatsanis”) at [36]-[39], and referred to with approval by Justice Button in Bronze Wing, is that which is referred to in the…
ZZ v Secretary, Department of Justice
[2013] VSC 267 Para 123

…This decision was referred to in ZZ v Secretary, Department of Justice [2013] VSC 267 where it was also observed by Bell J at [202]:…
Forster v Legal Services Board
[2013] VSCA 73

…569); Myers v Medical Practitioners Board of Victoria [2007] VSCA 163; (2007) 18 VR 48 (Warren CJ, 63 [58]); Forster v Legal Services Board [2013] VSCA 73 (Kyrou AJA [179])] [38] In Greyhound Racing Authority v Bragg [[2003] NSWCA 388] Santow JA expressed in the following way the applicability of the Briginshaw c…
AHV v NSW Commission for Children and Young People
[2012] NSWADT 263 Para 59

…q (as he then was). That test has been held to be applicable in these matters in the Tribunal: see AHV v NSW Commission for Children and Young People [2012] NSWADT 263; AYU v NSW Office of the Children's Guardian (supra); BJB v NSW Office of the Children's Guardian (No 2) [2014] NSWCATAD 164. This is also the test t…
LA v Commissioner for Children and Young People
[2012] NSWSC 1454 Para 89

…vidence Act are not applicable: section 38 of the Civil and Administrative Tribunal Act; but see also LA v Commissioner for Children and Young People [2012] NSWSC 1454. The Tribunal may therefore look at the surrounding circumstances and any evidence or factual circumstances in relation to the conduct of the applica…
Commissioner for Children and Young People v VR
[2012] NSWSC 1385 Para 27

…In Commissioner for Children and Young People v VR [2012] NSWSC 1385, Justice Simpson had cause to consider the predecessor legislation to the Act and whether the Administrative Decisions Tribunal had power to impose conditions which were not authorised by the predecessor legislation Commission for Children and Youn…
Secretary, Department of Justice v LMB; Secretary, Department of Justice v PMY
[2012] VSCA 143 Para 122

…ublic interest in the decision of the Victorian Court of Appeal in Secretary, Department of Justice v L M B; Secretary, Department of Justice v P M Y [2012] VSCA 143 at [24]-[37] where that court referred to the following matters:…
AHJ v NSW Trustee and Guardian
[2011] NSWADT 311

…) Judiciary Act 1903 (Cth) Cases Cited: 1st Fleet Pty Ltd v Australian Co-Operative Foods Ltd [2006] NSWSC 881 AHJ v NSW Trustee and Guardian [2011] NSWADT 311 ALH Group Pty Ltd v Dicey’s Toowong Pty Ltd [2003] 2 QdR 1 AYU v NSW Office of the Children’s Guardian [2014] NSWCATAD 69 BCS v NSW Civil & Administrative Tr…
Director of Public Transport v XFJ
[2011] VSCA 302

…he reasons of the Tribunal, we do not see how such a consideration could rationally be given weight.[ Cf Director of Public Transport v XJF [2011] VSCA 302, [58]-[59] (Maxwell P with whom Mandie and Harper JJA agreed).] Such an approach would require the Tribunal to effectively disregard its own view of the merits…
Commission for Children and Young People v FZ
[2011] NSWCA 111 Para 56

…the circumstances whether it is proper to act on that material and must act fairly towards the parties: Commission for Children and Young People v FZ [2011] NSWCA 111; Roberts v Balancio (1987) 8 NSWLR 436.…
Hogan v Hinch
[2011] HCA 4

…question.[Citing O’Sullivan v Farrer [1989] HCA 61; (1989) 168 CLR 210, 216 (Mason CJ, Brennan, Dawson and Gaudron JJ); see also Hogan v Hinch [2011] HCA 4; (2011) 243 CLR 506, [31]-[32] (French CJ), [69] (Gummow, Heydon, Crennan, Kiefel and Bell JJ); Osland v Secretary Department of Justice No 2 [2010] HCA 24…
Kostas v HIA Insurance Services Pty Ltd
[2010] HCA 32

…sanis v Racing Victoria Ltd [2013] VSCA 305; (2013) 42 VR 176 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32 LA v Commissioner for Children and Young People [2012] NSWSC 1454 Re L.S.H.; Ex parte R.T.F. & Anor. (1987) 164 CLR 91; 75 ALR 469 M v M [1988] HCA 68; 166 CLR 69 Maloney v New South Wales National…
Osland v Secretary to the Department of Justice
[2010] HCA 24

…4; (2011) 243 CLR 506, [31]-[32] (French CJ), [69] (Gummow, Heydon, Crennan, Kiefel and Bell JJ); Osland v Secretary Department of Justice No 2 [2010] HCA 24; (2010) 241 CLR 320, [13].]…
AVS Group of Companies Pty Ltd v Commissioner of Police
[2010] NSWCA 81 Para 74

…In AVS Group of Companies Pty Ltd v Commissioner of Police [2010] NSWCA 81; 78 NSWLR 302, the Court of Appeal (Basten JA, Campbell JA, and Handley AJA), Basten JA who was in the plurality stated at [21] in relation to section 60 Administrative Decisions Review Act :…
ICM Agriculture Pty Ltd v The Commonwealth
[2009] HCA 51

…[24] As French CJ, Gummow and Crennan JJ stated in ICM Agriculture Pty Ltd v The Commonwealth:[[2009] HCA 51] The term ‘in the public interest’ is one of broad import. When used in a statute, the term classically imports a discretionary value judgment to be made by reference to undefined factual matters confined…
Re Sophie (No 2)
[2009] NSWCA 89 Para 35

…s, particularly about onus of proof in proceedings such as these in this Tribunal, can be found in the judgment of Justice Basten in Re Sophie (No 2) [2009] NSWCA 89, where His Honour stated at [98]:…
Myers v Medical Practitioners' Board of Victoria
[2007] VSCA 163

…Australian Football League v Carlton Football Club Limited (1998) 2 VR 546 (Hayne JA, 569); Myers v Medical Practitioners Board of Victoria [2007] VSCA 163; (2007) 18 VR 48 (Warren CJ, 63 [58]); Forster v Legal Services Board [2013] VSCA 73 (Kyrou AJA [179])] [38] In Greyhound Racing Authority v Bragg [[2003] NSWC…

Legislation cited in this decision · 12

Child Protection (Working with Children) Act 2012 (NSW)
2 mentions (from Para 3)
Administrative Appeals Tribunal Act 1975 (Cth)
1 mention
Administrative Decisions Review Act 1997 (NSW)
1 mention (from Para 19)
Anti-Discrimination Act 1977 (NSW)
1 mention (from Para 8)
Children and Young Persons (Care and Protection) Act 1998 (NSW)
1 mention (from Para 11)
Civil and Administrative Rules 2014 (NSW)
1 mention (from Para 55)
Civil and Administrative Tribunal Act 2013 (NSW)
1 mention (from Para 14)
Commission for Children and Young People Act 1998 (NSW)
1 mention (from Para 27)
Evidence Act 1995 (Cth)
1 mention (from Para 55)
Interpretation Act 1987 (NSW)
1 mention (from Para 65)
Judiciary Act 1903 (Cth)
1 mention (from Para 10)
Ombudsman Act 1974 (NSW)
1 mention

Medium Neutral Citation:	DEF v Children's Guardian [2017] NSWCATAD 294
Hearing dates:	22 August 2017
Date of orders:	06 October 2017
Decision date:	06 October 2017
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	M Anderson, Senior Member
Decision:	(1) The application for a stay of the operation of the decision under review is refused.
Catchwords:	ADMINISTRATIVE LAW-review under section 27 Child Protection (Working with Children) Act 2012 (NSW)-where cancellation of working with children check clearance- where application for a stay of the decision while review application is to be heard later – where paramount concern is protecting children from child abuse – whether to grant an interim stay under section 60, 61, 62 Administrative Decisions Review Act 1997 (NSW) – where the applicant and his partner reside permanently in Queensland – where factors to consider on stay application do not favour granting a stay.
Legislation Cited:	Administrative Decisions Review Act 1997(NSW) Child Protection (Working with Children) Act 2012 (NSW) Child Protection (Working with Children) Regulation 2013 (NSW) Children and Young Persons (Care and Protection) Act 1998(NSW) Civil and Administrative Tribunal Act 2013 (NSW) Constitution (Cth) Evidence Act 1995 (NSW) Judiciary Act 1903 (Cth)
Cases Cited:	1st Fleet Pty Ltd v Australian Co-Operative Foods Ltd [2006] NSWSC 881 AHJ v NSW Trustee and Guardian [2011] NSWADT 311 ALH Group Pty Ltd v Dicey’s Toowong Pty Ltd [2003] 2 QdR 1 AYU v NSW Office of the Children’s Guardian [2014] NSWCATAD 69 BCS v NSW Civil & Administrative Tribunal [2015] NSWSC 126 Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 BFX v Children’s Guardian [2014] NSWCATAD 115 BGX v Children's Guardian [2014] NSWCATAD 173 BHL v Children’s Guardian [2015] NSWCATAD 46 BHY v Children’s Guardian [2015] NSWCATAD 91 BJB v NSW Office of the Children’s Guardian [2014] NSWCATAD 111 BJB v NSW Office of the Children's Guardian (No 2) [2014] NSWCATAD 164 BKE v Office of the Children’s Guardian [2015] NSWSC 523 BKN v Children’s Guardian [2014] NSWCATAD 213 BKP v Children's Guardian [2014] NSWCATAD 207 BKV v Children’s Guardian [2015] NSWCATAD 65 BKV v Children’s Guardian [2015] NSWSC 1602 BLD v Children’s Guardian [2015] NSWCATAD 2 Bowen-James v Delegate of Director-General of Department of Health (1992) 27 NSWLR 457 BPA v Children’s Guardian [2015] NSWCATAD 36 Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 Bronze Wing Ammunition Pty Limited v SafeWork NSW (No 2) [2016] NSWSC 988 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Burns v Corbett; Gaynor v Burns [2017] NSWCA 3 BVT v Office of the Children’s Guardian [2016] NSWSC 1169 BXJ v Children's Guardian [2016] NSWCATAD 11 BYR v Children’s Guardian [2013] NSWADT 310 BZU v Children’s Guardian [2016] NSWCATAD 3 Carr v Simnovic (1980) 26 SASR 263 Castlemaine Tooheys Limited v South Australia [1986] HCA 58 CHB v Children’s Guardian [2016] NSWCATAD 214 Children’s Guardian v BQJ [2016] NSWSC 869 CJT v Office of the Children’s Guardian [2016] NSWSC 738 CLD v Children's Guardian…