Savet v Rosebank College [2023] NSWSC 1015

Savet v Rosebank College [2023] NSWSC 1015

The Court held that no denial of procedural fairness occurred, or, to the extent any procedural deficiency may have arisen during the preliminary investigation, it was cured by subsequent disclosure and opportunities to respond before any final decision or report to the Children's Guardian. Actual bias by the Principal was not established; the Principal's communications evidenced an open mind subject to further submission, consistent with statutory duties and the principles of procedural fairness.

Parties
Plaintiff: Benjamin Savet; First Defendant: Rosebank College; Second Defendant: Iris Nastasi
Jurisdiction
Australia
Judgment Date
24 August 2023
Procedural Posture
Judicial Review / Principal Judgment
Outcome
Application dismissed
Legal Topics
Judicial Review, Procedural Fairness, Actual Bias, Children's Guardian Act 2019 (nsw), Child Protection (working With Children) Act 2012 (nsw), Employment Law, Education Law
Administrative Law Judicial Review Procedural Fairness Actual Bias Children's Guardian Act 2019 (nsw) Child Protection (working With Children) Act 2012 (nsw) Employment Law Education Law

Case Brief

Summary, issues, holding and outcome

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Parties

Benjamin Savet

Plaintiff

Rosebank College

First Defendant

Iris Nastasi

Second Defendant

Procedural Posture

Judicial Review / Principal Judgment

Legal Issues

  1. 1 Whether the plaintiff was denied procedural fairness during reportable conduct investigation under the Children's Guardian Act 2019 (NSW)
  2. 2 Whether the second defendant (Principal) was actually biased in determining the matter
  3. 3 Whether the investigation report should be declared void and/or the Principal restrained from decision-making

Ratio Decidendi

The Court held that no denial of procedural fairness occurred, or, to the extent any procedural deficiency may have arisen during the preliminary investigation, it was cured by subsequent disclosure and opportunities to respond before any final decision or report to the Children's Guardian. Actual bias by the Principal was not established; the Principal's communications evidenced an open mind subject to further submission, consistent with statutory duties and the principles of procedural fairness.

Court Disposition

Application dismissed

Orders

  • The plaintiff's amended summons filed on 19 May 2023 is dismissed.
  • The plaintiff is to pay the defendants' costs as agreed or assessed.