CS & anor v Life Without Barriers [2007] NSWADT 249

CS & anor v Life Without Barriers [2007] NSWADT 249

The Tribunal lacked jurisdiction because neither the Community Services legislation nor the Care and Protection Act gave it power to review Life Without Barriers' decision to notify reportable conduct to the Commission for Children and Young People under s 39 of the Commission for Children and Young People Act 1998.

Jurisdiction
Australia
Judgment Date
15 October 2007
Procedural Posture
Application for Review of a Decision to Notify Alleged Reportable Conduct to the Commission for Children and Young People / Preliminary Jurisdiction Issue in Principal Matter
Outcome
Application dismissed for want of jurisdiction.
Legal Topics
['tribunal Jurisdiction' 'reviewable Decisions' 'reportable Conduct Notification' 'authorised Carers' 'working With Children Check']
['administrative Law' 'community Services' 'child Protection'] ['tribunal Jurisdiction' 'reviewable Decisions' 'reportable Conduct Notification' 'authorised Carers' 'working With Children Check']

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Procedural Posture

Application for Review of a Decision to Notify Alleged Reportable Conduct to the Commission for Children and Young People / Preliminary Jurisdiction Issue in Principal Matter

Legal Issues

  1. 1 ["Whether the Tribunal had jurisdiction to review Life Without Barriers' decision to notify the Commission for Children and Young People of alleged misconduct by authorised carers." 'Whether any relevant enactment conferred power on the Tribunal to review a decision by an agency to notify reportable conduct to the Commission.']

Ratio Decidendi

The Tribunal lacked jurisdiction because neither the Community Services legislation nor the Care and Protection Act gave it power to review Life Without Barriers' decision to notify reportable conduct to the Commission for Children and Young People under s 39 of the Commission for Children and Young People Act 1998.

Court Disposition

Application dismissed for want of jurisdiction.

Orders

  • ['Application is dismissed for want of jurisdiction']