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DJS v Children's Guardian

DJS v Children's Guardian

Case [2018] NSWCATAD 71 27 March 2018

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Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation: DJS v Children's Guardian [2018] NSWCATAD 71
Hearing dates: 15 March 2018
Date of orders: 15 March 2018
Decision date: 27 March 2018
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 granted.

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 is a medical practitioner and is permitted to practice medicine and has done so for the last 23 years – where applicant was convicted of manslaughter 30 years ago - where factors to consider on stay application 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)
Evidence Act 1995 (NSW)
Interpretation Act 1987 (NSW)
Cases Cited: 1st Fleet Pty Ltd v Australian Co-Operative Foods Ltd [2006] NSWSC 881
4
AHJ v NSW Trustee and Guardian [2011] NSWADT 311
AHV v NSW Commission for Children and Young People [2012] NSWADT 263
ALH Group Pty Ltd v Dicey’s Toowong Pty Ltd [2003] 2 QdR 1
AVS Group of Companies Pty Ltd v Commissioner of Police [2010] NSWCA 81; 78 NSWLR 302
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
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
BKV v Children’s Guardian [2015] NSWCATAD 65
BKV v Children’s Guardian [2015] NSWSC 1602
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
BYR v Children’s Guardian [2013] NSWADT 310
Carr v Simnovic (1980) 26 SASR 263
Castlemaine Tooheys Limited v South Australia [1986] HCA 58
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
Commission for Children and Young People v FZ [2011] NSWCA 111
Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR…

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 DJS v Children's Guardian

Details

AGLC: DJS v Children's Guardian [2018] NSWCATAD 71
Case: [2018] NSWCATAD 71
Decision Date: 27 March 2018

CaseChat Overview and Summary

DJS, a medical practitioner, applied for a review of a decision by the Children's Guardian under the Child Protection (Working with Children) Act 2012 (NSW) to cancel his clearance to work with children. This cancellation was based on his conviction for manslaughter 30 years prior. The application was made under the Administrative Decisions Review Act 1997 (NSW), seeking an interim stay of the decision while the review application is heard. The paramount consideration in this matter is the protection of children from potential abuse.

The central legal issue before the court was whether to grant an interim stay of the decision to cancel the clearance, in light of the factors outlined in sections 60, 61, and 62 of the Administrative Decisions Review Act 1997 (NSW). DJS argued that the factors strongly favoured a stay, considering his long history of unblemished practice and the remoteness of the conviction. The court needed to balance these factors against the risk of harm to children, which is the primary concern under the Child Protection Act.

The court found that the factors in favour of granting a stay were compelling. DJS had been practicing medicine for 23 years without incident, and there was no evidence that he posed a current risk to children. The remoteness of the conviction and the lack of any recent misconduct further supported the application. The paramount consideration of protecting children from abuse was not prejudiced by granting the stay, as DJS's clearance remained suspended during the review process. The court concluded that the balance of convenience favoured granting the stay. The operation of the decision under review was thus stayed pending the outcome of the review application.

Orders

Orders of the court

1. The application for a stay of the operation of the decision under review is granted.

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

DJS v Children's Guardian [2018] NSWCATAD 71

Most Recent Citation

DWY v Children's Guardian [2020] NSWCATAD 34

Cases citing this decision · 2 of 2 shown

DZF v Children's Guardian
[2020] NSWCATAD 41 Para 71

…1 at [39]-[40]. The initial practical or forensic onus but not the legal onus is generally to be carried by the applicant: DJS v Children's Guardian [2018] NSWCATAD 71 at [32]-[33].…
DWY v Children's Guardian
[2020] NSWCATAD 34 Para 43

…1 at [39]-[40]. The initial practical or forensic onus but not the legal onus is generally to be carried by the applicant: DJS v Children's Guardian [2018] NSWCATAD 71 at [32]-[33].…

View all 2 citing cases →

Cases cited in this decision · 50 of 56 shown

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 30

…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.…
Bronze Wing Ammunition Pty Limited v SafeWork NSW (No 2)
[2016] NSWSC 988 Para 26

…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 66

…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…
CJT v Office of the Children's Guardian
[2016] NSWSC 738 Para 31

…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].…
BKV v Children's Guardian
[2015] NSWSC 1602

…BKE v Office of the Children’s Guardian [2015] NSWSC 523 BKV v Children’s Guardian [2015] NSWCATAD 65 BKV v Children’s Guardian [2015] NSWSC 1602 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;…
BKE v Office of the Children's Guardian
[2015] NSWSC 523 Para 50

…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.…
BKV v Children's Guardian
[2015] NSWCATAD 65 Para 52

…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 not necessary to…
BPA v Children's Guardian
[2015] NSWCATAD 36

…] NSWSC 1602 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…
BCS v NSW Civil & Administrative Tribunal
[2015] NSWSC 126 Para 19

…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.…
BJB v NSW Office of the Children's Guardian (No 2)
[2014] NSWCATAD 164 Para 25

…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 56

…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

…tran Pty Ltd v Sabbarton [2014] NSWCATAP 37 BFX v Children’s Guardian [2014] NSWCATAD 115 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 BKV v Children’s Guardian [2015] NSWC…
AYU v NSW Office of the Children's Guardian
[2014] NSWCATAD 69

…2 QdR 1 AVS Group of Companies Pty Ltd v Commissioner of Police [2010] NSWCA 81; 78 NSWLR 302 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 BJB v NSW…
AYU v NSW Office of the Children's Guardian
[2014] NSWCATAD 9 Para 50

…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 50

…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 29

…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 50

…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 74

…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…
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

…pretation Act 1987 (NSW) Cases Cited: 1st Fleet Pty Ltd v Australian Co-Operative Foods Ltd [2006] NSWSC 881 4 AHJ v NSW Trustee and Guardian [2011] NSWADT 311 AHV v NSW Commission for Children and Young People [2012] NSWADT 263 ALH Group Pty Ltd v Dicey’s Toowong Pty Ltd [2003] 2 QdR 1 AVS Group of Companies Pty Lt…
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 47

…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

…1 NSWLR 378 Karakatsanis 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 M v M [1988] HCA 68; 166 CLR 69 Maloney v New South Wales National Coursing Association Ltd [1978] 1 NSWLR 161…
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 59

…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 27

…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…
SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs
[2006] HCA 63

…, Department of Justice v P M Y [2012] VSCA 143 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; 228 CLR 152 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 Com…
Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004
[2006] HCA 53 Para 33

…that proposition the Tribunal can place weight upon the decision in Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 (2006) 231 CLR 1 at pp 16-17, paras [39]-[40]. It was stated in the High Court, by the plurality comprising Gummow A-CJ, Callinan, Heydon and Crennan JJ, in that deci…
1st Fleet Pty Ltd v Australian Co-Operative Foods Ltd
[2006] NSWSC 881 Para 66

…In 1st Fleet Pty Ltd v Australian Co-Operative Foods Ltd [2006] NSWSC 881 at [5] the Supreme Court (per White J as he then was) emphasised that it is not Court’s task “ to conduct a preliminary hearing ”. In determining whether there is “ a serious question to be tried ” when considering an interlocutory injunction…
Myers v Medical Practitioners Board
[2004] VSC 532

…ll 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] NSWCA 388] Santow JA…
Greyhound Racing Authority (NSW) v Bragg
[2003] NSWCA 388

…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 concepts to the functions of a tribunal concerned with questions of the type in i…
New South Wales Bar Association v Stevens
[2003] NSWCA 95 Para 61

…iple in any stay application is that of upholding the interests of justice in the particular circumstances: New South Wales Bar Association v Stevens [2003] NSWCA 95 at [83].…
Commission for Young People v V
[2002] NSWSC 949 Para 50

…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 has been held to be applicable in these matters in the Tribunal: see AHV v NSW…
YG & GG v Minister for Community Services
[2002] NSWCA 247 Para 18

…ay not have been before the Children's Guardian: section 63 Administrative Decisions Review Act 1997 (NSW); YG & GG v Minister for Community Services [2002] NSWCA 247, Hodgson JA (with whom Foster and Brownie AJJA agreed) at [25] . That decision in this matter will not be made until the final hearing of the applica…
Foster v Minister for Customs and Justice
[2000] HCA 38

…failed to do so.[ Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24, 39-42, 55; Foster v Minister for Customs [2000] HCA 38; (2000) 200 CLR 442, 452 [22]-[23].] [31] In the present cases, it cannot be said that the factor of ‘public confidence in the assessment of persons as s…
Elgammal v Director General, Department of Transport
[1999] NSWADT 82 Para 17

…ld be attached to the order granting a stay: see section 62 Administrative Decisions Review Act; Elgammal v Director General, Department of Transport [1999] NSWADT 82.…
Bryant v Commonwealth Bank of Australia
[1996] HCA 3

…ension in the exercise of the discretion to grant a stay in such circumstances, was highlighted by Kirby J in Bryant v Commonwealth Bank of Australia (1996) 70 ALJR 306 at 309 where his Honour said: "In the exercise of the jurisdiction to provide a stay, it has often been emphasised that cases involving a stay of the…
O'Sullivan v Farrer
[1989] HCA 61

…ence to undefined factual matters confined only by the subject matter, scope and purpose of the statute in 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] (…
M v M
[1988] HCA 68 Para 51

…in relation to the assessment of risk. In that decision His Honour relied upon the approach of the High Court in the often-cited decision of M v M [1988] HCA 68; 166 CLR 69. A positive finding of abuse might be made according to the civil onus, with due regard to the matters in section 140 (2) of the Evidence A…
Castlemaine Tooheys Ltd v South Australia
[1986] HCA 58

…YR v Children’s Guardian [2013] NSWADT 310 Carr v Simnovic (1980) 26 SASR 263 Castlemaine Tooheys Limited v South Australia [1986] HCA 58 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…
Minister for Aboriginal Affairs v Peko-Wallsend Ltd
[1986] HCA 40

…ibunal was bound to have regard to the factor identified by her and that it failed to do so.[ Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24, 39-42, 55; Foster v Minister for Customs [2000] HCA 38; (2000) 200 CLR 442, 452 [22]-[23].] [31] In the present cases, it cannot be s…
Collector of Customs (Tas) v Flinders Island Community Association
[1985] FCA 273 Para 65

…[1978] 1 NSWLR 161; Hall v New South Wales Trotting Club Ltd [1977] 1 NSWLR 378; Collector of Customs (Tas) v Flinders Island Community Association (1985) 7 FCR 205. Subject to the same rules of natural justice, the Tribunal may make its own enquiries, whether of a factual matter or scientific matter, where a membe…
Briginshaw v Briginshaw
[1938] HCA 34 Para 51

…th due regard to the matters in section 140 (2) of the Evidence Act 1995 (NSW), which refers to those matters identified in Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336. The Tribunal may also be affirmatively satisfied that an alleged incident did not occur. His Honour stated at [33], in relation to an appl…
Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd
[1992] HCA 66

…e the approach that it did and require that it be ‘comfortably satisfied’ of the facts in issue. As the High Court made clear in Neat Holdings [[1992] HCA 66; (1992) 67 ALJR 170], the relevant principle should be understood as reflecting ‘a conventional perception that members of our society do not ordinarily en…

Legislation cited in this decision · 8

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 14)
Children and Young Persons (Care and Protection) Act 1998 (NSW)
1 mention (from Para 38)
Civil and Administrative Rules 2014 (NSW)
1 mention (from Para 46)
Civil and Administrative Tribunal Act 2013 (NSW)
1 mention (from Para 2)
Evidence Act 1995 (Cth)
1 mention (from Para 46)
Interpretation Act 1987 (NSW)
1 mention (from Para 53)

Medium Neutral Citation:	DJS v Children's Guardian [2018] NSWCATAD 71
Hearing dates:	15 March 2018
Date of orders:	15 March 2018
Decision date:	27 March 2018
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 granted.
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 is a medical practitioner and is permitted to practice medicine and has done so for the last 23 years – where applicant was convicted of manslaughter 30 years ago - where factors to consider on stay application 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) Evidence Act 1995 (NSW) Interpretation Act 1987 (NSW)
Cases Cited:	1st Fleet Pty Ltd v Australian Co-Operative Foods Ltd [2006] NSWSC 881 4 AHJ v NSW Trustee and Guardian [2011] NSWADT 311 AHV v NSW Commission for Children and Young People [2012] NSWADT 263 ALH Group Pty Ltd v Dicey’s Toowong Pty Ltd [2003] 2 QdR 1 AVS Group of Companies Pty Ltd v Commissioner of Police [2010] NSWCA 81; 78 NSWLR 302 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 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 BKV v Children’s Guardian [2015] NSWCATAD 65 BKV v Children’s Guardian [2015] NSWSC 1602 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 BYR v Children’s Guardian [2013] NSWADT 310 Carr v Simnovic (1980) 26 SASR 263 Castlemaine Tooheys Limited v South Australia [1986] HCA 58 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 Commission for Children and Young People v FZ [2011] NSWCA 111 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR…