CEU v University of Technology Sydney; University of Technology Sydney v CEU [2019] NSWCATAD 11

CEU v University of Technology Sydney; University of Technology Sydney v CEU [2019] NSWCATAD 11

It was in the best interests of CEU, a vulnerable person represented by a Guardian ad Litem, to dismiss all pending proceedings following withdrawal by the Guardian after settlement, and to make a restraint order on further access applications to prevent further harm and because statutory criteria for such order had been met.

Jurisdiction
Australia
Judgment Date
08 January 2019
Procedural Posture
Administrative Review, Discrimination Complaint, Access Application Restraint / Determination of Dismissal and Restraint Orders After Mediation
Outcome
Applications dismissed and restraint order imposed by consent.
Legal Topics
['guardian Ad Litem' 'withdrawal of Applications' 'dismissal of Proceedings' 'restraint Order (access Applications)' 'disability Discrimination' 'access to Government Information' 'privacy and Health Information Disclosure']
['administrative Law' 'discrimination Law' 'privacy Law' 'information Law'] ['guardian Ad Litem' 'withdrawal of Applications' 'dismissal of Proceedings' 'restraint Order (access Applications)' 'disability Discrimination' 'access to Government Information' 'privacy and Health Information Disclosure']

Case Brief

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Procedural Posture

Administrative Review, Discrimination Complaint, Access Application Restraint / Determination of Dismissal and Restraint Orders After Mediation

Legal Issues

  1. 1 ['Whether the proceedings should be dismissed following withdrawal by Guardian ad Litem' 'Whether the appointment of a Guardian ad Litem should continue' 'Whether a restraint order should be made against CEU under s 110 of the GIPA Act' 'Best interests of applicant under disability']

Ratio Decidendi

It was in the best interests of CEU, a vulnerable person represented by a Guardian ad Litem, to dismiss all pending proceedings following withdrawal by the Guardian after settlement, and to make a restraint order on further access applications to prevent further harm and because statutory criteria for such order had been met.

Court Disposition

Applications dismissed and restraint order imposed by consent.

Orders

  • ['Application 2017/00211860 dismissed pursuant to s55(1)(a) Civil and Administrative Tribunal Act 2013.' 'Application 2018/00051163 dismissed pursuant to s55(1)(a) Civil and Administrative Tribunal Act 2013.' 'Application 2018/00129206 dismissed pursuant to s55(1)(a) Civil and Administrative Tribunal Act 2013.'...