CKJ v Life Without Barriers [2016] NSWCATAD 79

CKJ v Life Without Barriers [2016] NSWCATAD 79

While the applicant was subject to an interim bar under s 17 of the Child Protection (Working With Children) Act 2012, cl 30(5)(b) and cl 42 of the Children and Young Persons (Care and Protection) Regulation 2012 limited the Tribunal's power to grant a stay. The Tribunal found that it must refuse any application for a stay while the interim bar remained in place; further, while the interim bar was in place, a review of the cancellation decision could only lead to affirmation and the review applications were futile regardless of their merits.

Jurisdiction
Australia
Judgment Date
12 April 2016
Procedural Posture
Administrative Review – Child Protection / Application for Stay Pending Determination of Applications for Review
Outcome
Application for stay refused.
Legal Topics
['stay of Administrative Decision' 'out of Home Care' 'authorised Carers' 'working With Children Check' 'interim Bar' 'tribunal Jurisdiction']
['administrative Law' 'child Protection'] ['stay of Administrative Decision' 'out of Home Care' 'authorised Carers' 'working With Children Check' 'interim Bar' 'tribunal Jurisdiction']

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Procedural Posture

Administrative Review – Child Protection / Application for Stay Pending Determination of Applications for Review

Legal Issues

  1. 1 ["What impact the interim bar decision of the Children's Guardian had on the applicant's applications for review of the respondent's decisions." 'Whether the Tribunal could grant a stay when the applicant was subject to an interim bar under s 17 of the Child Protection (Working With Children) Act 2012.' 'If a stay could be granted, whether a stay should be granted in this case.']

Ratio Decidendi

While the applicant was subject to an interim bar under s 17 of the Child Protection (Working With Children) Act 2012, cl 30(5)(b) and cl 42 of the Children and Young Persons (Care and Protection) Regulation 2012 limited the Tribunal's power to grant a stay. The Tribunal found that it must refuse any application for a stay while the interim bar remained in place; further, while the interim bar was in place, a review of the cancellation decision could only lead to affirmation and the review applications were futile regardless of their merits.

Court Disposition

Application for stay refused.

Orders

  • ["Applicant's application for a stay is refused." 'Matter listed for further directions on 28 April 2016 at 12 noon.']