GRT v Children's Guardian - [2025] NSWCATAD 147

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation: GRT v Children’s Guardian [2025] NSWCATAD 147
Hearing dates: 5 June 2025
Date of orders: 5 June 2025
Decision date: 19 June 2025
Jurisdiction: Administrative and Equal Opportunity Division
Before: J Smith, Senior Member
R Royer, General 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 lacking in substance.

Catchwords:
ADMINISTRATIVE REVIEW – working with children check clearance – lapse of interim bar – jurisdiction – - - practical utility – dismissal – lacking in substance

Legislation Cited:
Administrative Decisions Review Act 1997 (NSW)
Child Protection (Working with Children) Act 2012 (NSW)
Children and Young Persons (Care and Protection) Act 1998 (NSW)
Civil and Administrative Tribunal Act 2013 (NSW)
Community Services (Complaints, Reviews and Monitoring Act) 1993 (NSW)

Cases Cited:
Alchin v Rail Corporation NSW [2012] NSWADT 142
AVS Group Australia Pty Ltd and Tony Sleiman v Commission of Police [2012] NSWADTAP 24
BDK v Department of Education and Communities [2015] NSWCATAP 129
Davis v Minister for Health [2022] NSWCATAD 342
Davis v NSW Minister for Health [2023] NSWCATAP 211
Fox v Commissioner of Police [2016] NSWCATAD 77
GDY v Children’s Guardian [2024] NSWCATAD 239
Joiner v Commissioner of Police, NSW Police Force [2023] NSWCATAP 254
NG v Chinese Medicineal Board of Australia [2017] NSWCATOD 36
Samuell v Medical Council of New South Wales [2020] NSWCATOD 149
Zeitoune v Commissioner of Police, NSW Police Force [2024] NSWCATOAD 59

Texts Cited:
None cited

Category: Procedural rulings
Parties: GRT (Applicant)
Children’s Guardian (Respondent)
Representation:
Counsel:
P E Kelly (Applicant)
C Chiam (Respondent)
Solicitors:
Gilbert & Tobin (Applicant)
Crown Solicitor (Respondent)

File Number(s): 2024/00389458
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 made an administrative review application to the Tribunal seeking a review of a decision made by the Respondent, the Children’s Guardian, on 18 April 2024, to place an interim bar on her working with children check (WWCC) clearance.
As the interim bar had lapsed by the time of the final hearing on 5 June 2025, and the Applicant was the holder of a WWCC clearance, the Tribunal, after hearing from the parties about the issues of jurisdiction and utility, decided to dismiss the proceedings on the basis that the proceedings are lacking in substance.
After dismissing the proceedings, the Tribunal stated that written reasons would be provided. These are those reasons.

Background

Applicant’s WWCC clearance history

In January 2016, the Applicant applied to the Respondent for a WWCC clearance to engage in child-related work as an authorised carer.
On 9 February 2016, the Respondent issued the Applicant with a WWCC clearance.
On 18 April 2024, the Respondent imposed an interim bar on the Applicant’s WWCC clearance for reasons which is it unnecessary for the Tribunal to further consider.
The…

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.

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Details

Case: [2025] NSWCATAD 147
Decision Date: 19 June 2025

CaseChat Overview and Summary

In the case of GRT v Children's Guardian, the applicant, GRT, sought review of a decision by the Children's Guardian to refuse to grant a working with children check clearance. The dispute was brought before the Civil and Administrative Tribunal (CAT) in New South Wales. The applicant argued that the Guardian's decision was flawed and sought an administrative review.

The primary legal issues the CAT needed to address were whether the Tribunal had the jurisdiction to review the decision and, if so, whether the proceedings had any practical utility. The CAT examined the relevant legislation, specifically the Civil and Administrative Tribunal Act 2013 (NSW), to determine its jurisdictional scope. Furthermore, the CAT considered whether the applicant's case had sufficient substance to warrant a review.

In its decision, the CAT held that while it had jurisdiction to review the decision, the proceedings were lacking in substance. The Tribunal found that the applicant's arguments did not address the merits of the decision and did not present a case that had practical utility. Consequently, the CAT dismissed the proceedings under section 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW).

As a result of the CAT's decision, the applicant's proceedings were dismissed, and no further administrative review was granted. The CAT found that the application did not meet the threshold of having substance and, therefore, was not eligible for a review.

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 lacking in substance.

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.

Medium Neutral Citation:	GRT v Children’s Guardian [2025] NSWCATAD 147
Hearing dates:	5 June 2025
Date of orders:	5 June 2025
Decision date:	19 June 2025
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	J Smith, Senior Member R Royer, General 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 lacking in substance.
Catchwords:	ADMINISTRATIVE REVIEW – working with children check clearance – lapse of interim bar – jurisdiction – - - practical utility – dismissal – lacking in substance
Legislation Cited:	Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Community Services (Complaints, Reviews and Monitoring Act) 1993 (NSW)
Cases Cited:	Alchin v Rail Corporation NSW [2012] NSWADT 142 AVS Group Australia Pty Ltd and Tony Sleiman v Commission of Police [2012] NSWADTAP 24 BDK v Department of Education and Communities [2015] NSWCATAP 129 Davis v Minister for Health [2022] NSWCATAD 342 Davis v NSW Minister for Health [2023] NSWCATAP 211 Fox v Commissioner of Police [2016] NSWCATAD 77 GDY v Children’s Guardian [2024] NSWCATAD 239 Joiner v Commissioner of Police, NSW Police Force [2023] NSWCATAP 254 NG v Chinese Medicineal Board of Australia [2017] NSWCATOD 36 Samuell v Medical Council of New South Wales [2020] NSWCATOD 149 Zeitoune v Commissioner of Police, NSW Police Force [2024] NSWCATOAD 59
Texts Cited:	None cited
Category:	Procedural rulings
Parties:	GRT (Applicant) Children’s Guardian (Respondent)
Representation:	Counsel: P E Kelly (Applicant) C Chiam (Respondent) Solicitors: Gilbert & Tobin (Applicant) Crown Solicitor (Respondent)
File Number(s):	2024/00389458
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).