GNX v Children's Guardian - [2025] NSWCATAD 117

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation: GNX v Children’s Guardian [2025] NSWCATAD 117
Hearing dates: 28 April 2025, 13 May 2025
Date of orders: 27 May 2025
Decision date: 27 May 2025
Jurisdiction: Administrative and Equal Opportunity Division
Before: J Smith, Senior Member
Decision:
Pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW), the Tribunal dismisses the proceedings as the Tribunal considers that the proceedings are misconceived and lacking in substance.

Catchwords:
ADMINISTRATIVE REVIEW – reporting obligations for registrable persons under Child Protection Register – whether the Tribunal has the power to exempt reporting obligations – suspension of reporting obligations - summary dismissal – misconceived and lacking in substance

Legislation Cited:
Child Protection (Offenders Registration) Act 2000 (NSW)
Civil and Administrative Tribunal Act 2013 (NSW)
Crimes Act 1900 (NSW)

Cases Cited:
BDK v Department of Education and Communities [2015] NSWCATAP 129
Davis v Minister for Health [2023] NSWCATAP 211
DKP v Children’s Guardian [2018] NSWCATAD 303
DKP v Children’s Guardian [2019] NSWCATAP 185
DND v Commissioner of Police, NSW Police Force [2019] NSWCATAD 200

Texts Cited:
NCAT Procedure Direction 7 – Use of Generative Artificial Intelligence
New South Wales, Parliamentary Debates, Legislative Assembly, Child Protection Legislation (Registrable Persons) Amendment Bill 2009, 25 November 2009

Category: Procedural rulings
Parties: GNX (Applicant)
Children’s Guardian (First Respondent)
Commissioner of Police, NSW Police Force (Second Respondent)
Representation: Applicant (Self Represented)
Crown Solicitor (First and Second Respondents)

File Number(s): 2024/00283861
Publication restriction: The publication of the name of the Applicant is prohibited pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW).

REASONS fOR DECISION

Decision

The Applicant is a “registrable person” under the Child Protection (Offenders Registration) Act 2000 (NSW) (CPOR Act). The Applicant made an administrative review application to the Tribunal seeking a full exemption from, or reduction of, his reporting obligations for two separate periods of time that he was overseas totalling 2,024 days.
The Respondent made an application for summary dismissal of the proceedings on the basis that the proceedings are of no practical utility, misconceived and lacking in substance.
The Tribunal has dismissed the proceedings primarily because the Tribunal has no power to make the order sought by the Applicant and therefore the proceedings are misconceived and lacking in substance.

Evidence and background

Registrable offence

On 31 July 2015, after pleading guilty, the Applicant was convicted of one count of assault with act of indecency (s 61L of the Crimes Act 1900 (NSW)). The offence involved an act of indecency towards a 17-year-old female victim at a train station. The Applicant was 28 years of age at the time of the offence. The Police Facts Sheet noted the following particulars of the offence:

The Applicant approached the victim at the train station and initiated a conversation.

The Applicant moved closer to the victim and put his arms around her, which caused the victim to feel scared.

The Applicant would not leave the victim alone was persistent with his questions…

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 GNX v Children's Guardian

Details

AGLC: GNX v Children's Guardian [2025] NSWCATAD 117
Case: [2025] NSWCATAD 117
Decision Date: 27 May 2025

CaseChat Overview and Summary

GNX sought a review of the decision of the Children's Guardian to compel GNX to report to the Register under the Child Protection (Working with Children) Act 2009 (NSW). GNX argued that the Tribunal had the power to exempt certain reporting obligations and that the Guardian had acted in a discriminatory manner. The matter was heard by the Civil and Administrative Tribunal of New South Wales.

The court had to determine whether the Tribunal had the power to exempt certain reporting obligations under the Child Protection (Working with Children) Act 2009 (NSW), and whether the Guardian's decision was discriminatory. The court also had to consider whether the proceedings were misconceived and lacking in substance.

The court held that the Tribunal did not have the power to exempt certain reporting obligations under the Child Protection (Working with Children) Act 2009 (NSW). The court also found that the Guardian's decision was not discriminatory. The court found that the proceedings were misconceived and lacking in substance, and dismissed them accordingly.

Pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW), the Tribunal dismissed the proceedings as the Tribunal considered that the proceedings were misconceived and lacking in substance.

Orders

Orders of the court

Pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW), the Tribunal dismisses the proceedings as the Tribunal considers that the proceedings are misconceived and lacking in substance.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	GNX v Children’s Guardian [2025] NSWCATAD 117
Hearing dates:	28 April 2025, 13 May 2025
Date of orders:	27 May 2025
Decision date:	27 May 2025
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	J Smith, Senior Member
Decision:	Pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW), the Tribunal dismisses the proceedings as the Tribunal considers that the proceedings are misconceived and lacking in substance.
Catchwords:	ADMINISTRATIVE REVIEW – reporting obligations for registrable persons under Child Protection Register – whether the Tribunal has the power to exempt reporting obligations – suspension of reporting obligations - summary dismissal – misconceived and lacking in substance
Legislation Cited:	Child Protection (Offenders Registration) Act 2000 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW)
Cases Cited:	BDK v Department of Education and Communities [2015] NSWCATAP 129 Davis v Minister for Health [2023] NSWCATAP 211 DKP v Children’s Guardian [2018] NSWCATAD 303 DKP v Children’s Guardian [2019] NSWCATAP 185 DND v Commissioner of Police, NSW Police Force [2019] NSWCATAD 200
Texts Cited:	NCAT Procedure Direction 7 – Use of Generative Artificial Intelligence New South Wales, Parliamentary Debates, Legislative Assembly, Child Protection Legislation (Registrable Persons) Amendment Bill 2009, 25 November 2009
Category:	Procedural rulings
Parties:	GNX (Applicant) Children’s Guardian (First Respondent) Commissioner of Police, NSW Police Force (Second Respondent)
Representation:	Applicant (Self Represented) Crown Solicitor (First and Second Respondents)
File Number(s):	2024/00283861
Publication restriction:	The publication of the name of the Applicant is prohibited pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW).