Children’s Guardian v CVE [2017] NSWSC 1342

Children’s Guardian v CVE [2017] NSWSC 1342

The Tribunal made an error of law because it did not expressly address the parties' competing submissions about s 30(1A), did not state whether it was satisfied of the matters in s 30(1A)(a) and (b), and its general statement that it had considered all evidence and submissions did not show that it had resolved those statutory requirements. Consideration of overlapping factual matters under s 30(1) did not discharge the distinct statutory duty imposed by s 30(1A).

Jurisdiction
Australia
Judgment Date
04 October 2017
Procedural Posture
Appeal on a Question of Law From the Civil and Administrative Tribunal / Consent Orders Made on 15 September 2017; Reasons Confirming Those Orders
Outcome
Appeal allowed; Tribunal decision set aside; proceedings remitted to the Tribunal to be determined according to law; no order as to costs.
Legal Topics
['appeal From Administrative Review Decision' 'mandatory Statutory Considerations' 'child Protection (working With Children) Act 2012 (nsw) S 30(1 A)' 'remitter to Tribunal']
['administrative Law' 'child Protection' 'working With Children Checks'] ['appeal From Administrative Review Decision' 'mandatory Statutory Considerations' 'child Protection (working With Children) Act 2012 (nsw) S 30(1 A)' 'remitter to Tribunal']

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Procedural Posture

Appeal on a Question of Law From the Civil and Administrative Tribunal / Consent Orders Made on 15 September 2017; Reasons Confirming Those Orders

Legal Issues

  1. 1 ['Whether the Tribunal erred in law by failing to address or determine the requirements of s 30(1A) of the Child Protection (Working with Children) Act 2012 (NSW) before making an order enabling CVE to work with children.' "Whether the Tribunal's general statement that it had considered all evidence and submissions was sufficient to show satisfaction of the matters in s 30(1A)." 'Whether the appeal should nevertheless be dismissed as futile because consideration of s 30(1A) would not have affected the outcome.']

Ratio Decidendi

The Tribunal made an error of law because it did not expressly address the parties' competing submissions about s 30(1A), did not state whether it was satisfied of the matters in s 30(1A)(a) and (b), and its general statement that it had considered all evidence and submissions did not show that it had resolved those statutory requirements. Consideration of overlapping factual matters under s 30(1) did not discharge the distinct statutory duty imposed by s 30(1A).

Court Disposition

Appeal allowed; Tribunal decision set aside; proceedings remitted to the Tribunal to be determined according to law; no order as to costs.

Orders

  • ['Appeal allowed.' "The decision of the New South Wales Civil and Administrative Tribunal recorded in CVE v Children's Guardian [2017] NSWCAT 197 is set aside." 'The proceedings are remitted to the said Tribunal to be determined according to law.']