DT v Chief Executive of the Department for Child Protection

The applicant, DT, sought leave to appeal a decision of the President of the South Australian Civil and Administrative Tribunal (SACAT) dated 6 June 2022, and also sought an injunction. The Chief Executive of the Department for Child Protection was the respondent. The underlying dispute concerned the guardianship and medical treatment of a child.

The legal issues before the court were whether the applicant had demonstrated a right to appeal the President's decision, and whether an injunction should be granted. Specifically, the court considered whether the applicant had been denied natural justice, and whether there was any basis to question the Tribunal's decision.

The court reasoned that the applicant had not provided a satisfactory explanation for the delay in paying the requisite fee for the review application, nor had he demonstrated that he had an explanation to offer. The court was not persuaded that the applicant had been denied natural justice. Applying the principles from *Stead v State Government Insurance Commission*, the court concluded that granting relief on the grounds of an asserted denial of natural justice would be futile.

Consequently, the court refused leave to appeal the President's decision and dismissed the application for an injunction.