Ozymandias v Secretary, Department of Education [2024] NSWIRComm 1071

Ozymandias v Secretary, Department of Education [2024] NSWIRComm 1071

The interests of justice required the variation of the original non-disclosure orders because the protected persons consented to disclosure, the statutory functions of the Children's Guardian would otherwise be hindered, proceedings had been discontinued, and limited disclosure safeguards remain in place.

Parties
Applicant in the Application to Amend Non Disclosure Orders: Office of the Children's Guardian; Applicant in the Proceedings: Khaine Ozymandias (formerly Adam Semaan); Respondent in the Proceedings: Secretary, Department of Education
Jurisdiction
Australia
Judgment Date
27 November 2024
Procedural Posture
Application to Vary Non Disclosure Orders in Employment Proceedings / Procedural Ruling, Variation of Previous Orders
Outcome
Variation order made; original non-disclosure orders varied to permit specified disclosure and use.
Legal Topics
Non Disclosure Orders, Variation of Orders, Risk Assessment, Disclosure to Statutory Authorities, Tribunal and Court Review, Privacy Protection
Employment Law Child Protection Law Procedural Law Non Disclosure Orders Variation of Orders Risk Assessment Disclosure to Statutory Authorities Tribunal and Court Review +1 more

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Parties

Office of the Children's Guardian

Applicant in the Application to Amend Non Disclosure Orders

Khaine Ozymandias (formerly Adam Semaan)

Applicant in the Proceedings

Secretary, Department of Education

Respondent in the Proceedings

Procedural Posture

Application to Vary Non Disclosure Orders in Employment Proceedings / Procedural Ruling, Variation of Previous Orders

Legal Issues

  1. 1 Whether it is necessary in the interests of justice to vary original non-disclosure orders to allow disclosure to, and use by, the Children's Guardian and related authorities
  2. 2 Whether protected identities should be disclosed for statutory functions and tribunal/court review

Ratio Decidendi

The interests of justice required the variation of the original non-disclosure orders because the protected persons consented to disclosure, the statutory functions of the Children's Guardian would otherwise be hindered, proceedings had been discontinued, and limited disclosure safeguards remain in place.

Court Disposition

Variation order made; original non-disclosure orders varied to permit specified disclosure and use.

Orders

  • Original orders made on 21 April 2023 in IRC No. 2023/00022775 Adam Semaan (Khaine Ozymandias) v Secretary of the Department of Education under s 164A of the Industrial Relations Act 1996 varied to include Order 5: Exceptions permitting disclosure to Children's Guardian and for tribunal/court review, under specified...