CZI v Children's Guardian [2017] NSWCATAD 179

CZI v Children's Guardian [2017] NSWCATAD 179

The Tribunal refused the application for a stay, holding that the public interest in child safety and the legislative presumption that a disqualified person poses a risk outweigh any hardship to the applicant, and that conditions cannot be imposed on enabling orders. No sufficient evidence was provided to overturn the presumption of risk at this interim stage, and the hearing for an enabling order remains scheduled for determination.

Parties
Applicant: CZI; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
08 June 2017
Procedural Posture
Administrative Review / Interlocutory Application for a Stay
Outcome
Application for stay dismissed
Legal Topics
Working With Children Check, Disqualified Persons, Stay of Tribunal Decisions, Interim Orders, Protection of Children From Abuse
Administrative Law Child Protection Law Working With Children Check Disqualified Persons Stay of Tribunal Decisions Interim Orders Protection of Children From Abuse

Case Brief

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Parties

CZI

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Interlocutory Application for a Stay

Legal Issues

  1. 1 Whether the Tribunal should grant a stay of the Children's Guardian's notification refusing a Working With Children Check Clearance
  2. 2 Whether there is jurisdiction to grant an interim enabling order under s 28 Child Protection (Working with Children) Act 2012 (NSW)
  3. 3 Factors relevant to stay applications under s 30(2) of the Act

Ratio Decidendi

The Tribunal refused the application for a stay, holding that the public interest in child safety and the legislative presumption that a disqualified person poses a risk outweigh any hardship to the applicant, and that conditions cannot be imposed on enabling orders. No sufficient evidence was provided to overturn the presumption of risk at this interim stage, and the hearing for an enabling order remains scheduled for determination.

Court Disposition

Application for stay dismissed

Orders

  • The application for a stay of the Children's Guardian notification dated 17 February 2017 that the Children's Guardian must not grant to the applicant a Working With Children Check Clearance is dismissed.
  • With the exception of expert witnesses and officers of government agencies, the publication or broadcast of the name of any person mentioned in these proceedings or referred to in the documentary material lodged in these proceedings is prohibited. This order is made under section 64(1)(a) of the Civil and...