BDL v Children’s Guardian [2015] NSWCATAD 268

BDL v Children’s Guardian [2015] NSWCATAD 268

Having regard to the Tribunal's guiding principles, the nature of the proceedings, the material filed, and the applicant's request that a hearing be dispensed with, the Tribunal was satisfied that it was appropriate for the matter to be determined on the papers, subject to the unrepresented applicant being given an opportunity to seek advice, reconsider his request, and file and serve any further evidence or submissions, with the respondent to have an opportunity to reply.

Jurisdiction
Australia
Judgment Date
22 December 2015
Procedural Posture
Administrative Review of Refusal of a Working With Children Check Clearance / Procedural Ruling on Request to Dispense With a Hearing and Determine the Matter on the Papers
Outcome
Application to dispense with a hearing granted subject to procedural directions.
Legal Topics
['working With Children Check Clearance' 'administrative Review' 'determination on the Papers' 'dispensing With a Hearing' 'tribunal Procedural Directions']
['administrative Law' 'child Protection' 'civil and Administrative Tribunal Procedure'] ['working With Children Check Clearance' 'administrative Review' 'determination on the Papers' 'dispensing With a Hearing' 'tribunal Procedural Directions']

Case Brief

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Procedural Posture

Administrative Review of Refusal of a Working With Children Check Clearance / Procedural Ruling on Request to Dispense With a Hearing and Determine the Matter on the Papers

Legal Issues

  1. 1 ['Whether the Tribunal should dispense with a hearing under section 50 of the Civil and Administrative Tribunal Act 2013.' 'Whether the issues for determination could be adequately determined in the absence of the parties by considering written submissions and other material lodged with or provided to the Tribunal.']

Ratio Decidendi

Having regard to the Tribunal's guiding principles, the nature of the proceedings, the material filed, and the applicant's request that a hearing be dispensed with, the Tribunal was satisfied that it was appropriate for the matter to be determined on the papers, subject to the unrepresented applicant being given an opportunity to seek advice, reconsider his request, and file and serve any further evidence or submissions, with the respondent to have an opportunity to reply.

Court Disposition

Application to dispense with a hearing granted subject to procedural directions.

Orders

  • ['On or before 15 January 2016 the applicant to file and serve: (a) any further material on which he relies; and (b) a letter confirming that he requests the matter to be determined on the papers, pursuant to section 50 of the Civil and Administrative Tribunal Act 2013; or (c) a letter advising he wishes the matter...