BVT v Children’s Guardian (No 2) [2016] NSWCATAD 266

BVT v Children’s Guardian (No 2) [2016] NSWCATAD 266

The applicant failed to objectively demonstrate a connection between the facts and circumstances of the previous hearing and the asserted apprehension that the Tribunal Member might not bring an impartial mind to bear on the issues at rehearing. The previous conduct, including examination of the applicant and findings, did not constitute reasonable grounds for apprehended bias or disqualification. The principles require an objective test which was not met here.

Parties
Applicant: BVT; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
22 November 2016
Procedural Posture
Application for Recusal / Interlocutory/procedural Ruling Prior to Rehearing
Outcome
Application for recusal refused
Legal Topics
Apprehended Bias, Recusal of Tribunal Members, Child Protection, Tribunal Procedure
Administrative Law Procedural Law Apprehended Bias Recusal of Tribunal Members Child Protection Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

BVT

Applicant

Children's Guardian

Respondent

Procedural Posture

Application for Recusal / Interlocutory/procedural Ruling Prior to Rehearing

Legal Issues

  1. 1 Whether a fair-minded lay observer might reasonably apprehend that the Tribunal Member(s) might not bring an impartial and unprejudiced mind to the rehearing of the application for an enabling order under section 28 of the Child Protection (Working with Children) Act 2012 (NSW) due to their involvement in the previous hearing and related exchanges

Ratio Decidendi

The applicant failed to objectively demonstrate a connection between the facts and circumstances of the previous hearing and the asserted apprehension that the Tribunal Member might not bring an impartial mind to bear on the issues at rehearing. The previous conduct, including examination of the applicant and findings, did not constitute reasonable grounds for apprehended bias or disqualification. The principles require an objective test which was not met here.

Court Disposition

Application for recusal refused

Orders

  • The application filed 6 October 2016 for the proceedings to be heard by a Tribunal Member other than Senior Member M Anderson and General Member O'Halloran is refused.