Commissioner for Children and Young People v "G" & Anor [2001] NSWSC 534

Commissioner for Children and Young People v "G" & Anor [2001] NSWSC 534

The Tribunal denied the plaintiff natural justice by dealing with the stay application with undue haste and without giving the plaintiff a proper opportunity to investigate and place before the Tribunal important information about the seriousness and circumstances of the first defendant's sexual offences. That error of law was sufficient to dispose of the Supreme Court proceedings and required the Tribunal's judgment and orders to be set aside.

Jurisdiction
Australia
Judgment Date
21 June 2001
Procedural Posture
Summons/appeal From Administrative Decisions Tribunal Orders / Supreme Court Determination of Summons Seeking Orders Arising Out of a Stay Order and Refusal to Revoke the Stay
Outcome
Time to appeal was extended and the Administrative Decisions Tribunal's judgment and orders of 1 December 2000 were set aside wholly.
Legal Topics
['administrative Decisions Tribunal' 'natural Justice' 'prohibited Employment' 'stay Pending Determination' 'child Related Employment']
['administrative Law' 'child Protection'] ['administrative Decisions Tribunal' 'natural Justice' 'prohibited Employment' 'stay Pending Determination' 'child Related Employment']

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Procedural Posture

Summons/appeal From Administrative Decisions Tribunal Orders / Supreme Court Determination of Summons Seeking Orders Arising Out of a Stay Order and Refusal to Revoke the Stay

Legal Issues

  1. 1 ["Whether the Administrative Decisions Tribunal denied the plaintiff natural justice in dealing with the first defendant's application for a stay under s 9(6) of the Child Protection (Prohibited Employment) Act 1998." 'Whether the judgment and orders made by the Administrative Decisions Tribunal on 1 December 2000 should be set aside.' 'Whether the Court should determine other questions concerning the construction of subsections of s 9 of the Child Protection (Prohibited Employment) Act 1998.']

Ratio Decidendi

The Tribunal denied the plaintiff natural justice by dealing with the stay application with undue haste and without giving the plaintiff a proper opportunity to investigate and place before the Tribunal important information about the seriousness and circumstances of the first defendant's sexual offences. That error of law was sufficient to dispose of the Supreme Court proceedings and required the Tribunal's judgment and orders to be set aside.

Court Disposition

Time to appeal was extended and the Administrative Decisions Tribunal's judgment and orders of 1 December 2000 were set aside wholly.

Orders

  • ['Extend the time in which the plaintiff may appeal against the judgment delivered by, and the orders made by, the second defendant on 1 December 2000 in G v Commissioner for Children and Young People [2000] NSWADT 180.' 'Set aside wholly the judgment delivered by, and the orders made by, the second defendant on 1...