BJQ v Children's Guardian (No 2) [2016] NSWCATAD 291

BJQ v Children's Guardian (No 2) [2016] NSWCATAD 291

It is no longer desirable to suppress the identity of BJQ or the complainant since the statutory protections attached to the complainant's identity no longer apply after her death, and the principle of open justice requires revoking the non-publication order in the public interest.

Parties
Applicant: BJQ; Respondent: Children's Guardian; Third Party Applicant: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
14 December 2016
Procedural Posture
Administrative Review / Determination of Application to Revoke Non Publication Order
Outcome
Non-publication order revoked
Legal Topics
Non Publication Orders, Suppression of Identity, Access to Tribunal Records, Children's Welfare, Public Interest in Criminal Prosecution
Administrative Law Child Protection Open Justice Non Publication Orders Suppression of Identity Access to Tribunal Records Children's Welfare Public Interest in Criminal Prosecution

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Parties

BJQ

Applicant

Children's Guardian

Respondent

Director of Public Prosecutions

Third Party Applicant

Procedural Posture

Administrative Review / Determination of Application to Revoke Non Publication Order

Legal Issues

  1. 1 Whether to revoke or vary a non-publication order made under section 64 of the Civil and Administrative Tribunal Act 2013 (NSW)
  2. 2 Whether legislative provisions restricting identification apply posthumously
  3. 3 Balancing open justice with the protection of identities in child protection matters

Ratio Decidendi

It is no longer desirable to suppress the identity of BJQ or the complainant since the statutory protections attached to the complainant's identity no longer apply after her death, and the principle of open justice requires revoking the non-publication order in the public interest.

Court Disposition

Non-publication order revoked

Orders

  • The section 64 of the Civil and Administrative Tribunal Act 2013 (NSW) order made in proceedings known as in BJQ v Children's Guardian [2016] NSWCATAD 99 is revoked.