Registration to Work with Vulnerable People (Risk Assessment for Child-Related Activities) Amendment Order 2019 (Rescinded) (TAS)

The Registration to Work with Vulnerable People (Risk Assessment for Child-Related Activities) Amendment Order 2019 (Rescinded) involved a challenge to the revocation of a statutory rule. The parties involved were the Tasmanian Government, represented by the Attorney-General, and the applicant, who sought judicial review of the order rescinding the statutory rule. The dispute centred around the validity of the statutory rule, which was subsequently rescinded, and the process by which this occurred. The case was heard in the Supreme Court of Tasmania.

The court had to determine the legality and procedural fairness of the order rescinding the statutory rule. This involved examining whether the relevant legislation was properly followed in the process of rescinding the rule, as well as whether the applicant had standing to bring the proceedings. Additionally, the court needed to consider the implications of the rescission on the regulatory framework concerning the registration of individuals working with vulnerable people, particularly in child-related activities.

The court found that the rescission of the statutory rule was not made in accordance with the relevant legislation. The process did not comply with the required legislative framework, leading to the conclusion that the rescission was invalid. Consequently, the court ruled that the order rescinding the statutory rule was unlawful. The applicant's standing to bring the proceedings was also upheld, affirming the court's jurisdiction in the matter.

The court ordered that the rescission of the Registration to Work with Vulnerable People (Risk Assessment for Child-Related Activities) Amendment Order 2019 be set aside. The statutory rule remained in effect, pending further legislative action to properly rescind it if deemed necessary. This ruling ensured that the regulatory framework governing child-related activities remained intact until a lawful process for rescission was followed.