LD v Commissioner for Children and Young People and Child Guardian

The matter before the tribunal was an application by an applicant, who was referred to as LD, to review a decision by the Commissioner for Children and Young People and Child Guardian (the Commissioner) to issue a negative notice in relation to the applicant's suitability to work with children. The applicant's positive notice had been cancelled and a negative notice issued, and the applicant had subsequently been convicted of an offence other than a serious offence. The applicant requested a review of the decision more than 28 days after receiving the decision, and the tribunal was required to determine whether an extension of time should be granted to allow the review to proceed.
The legal issues before the tribunal were whether the applicant had grounds to appeal the decision, and whether the tribunal should exercise its discretion to extend the time limit for the review. The tribunal considered the relevant legislation and the circumstances of the case, including the fact that the applicant had not acted promptly in seeking a review and had not demonstrated any exceptional circumstances that would warrant an extension of time.
The tribunal found that the applicant had not demonstrated any grounds for appeal and that there were no exceptional circumstances that would warrant an extension of time. The tribunal noted that the applicant had not provided any evidence to support their claim that they had not realised the significance of the decision until after the 28-day period had passed, and that the applicant had not acted promptly in seeking a review. The tribunal held that the applicant had not made out a case for an extension of time, and that the application to review the decision should be dismissed.
Accordingly, the tribunal dismissed the application to review the decision contained in the letter from the respondent dated 3 November 2011. The tribunal did not make any orders in relation to the application.