DEF v Children's Guardian [2017] NSWCATAD 294

DEF v Children's Guardian [2017] NSWCATAD 294

The Tribunal concluded, based on limited interim evidence and statutory requirements, that protection of children is the paramount concern, no prima facie case or irreparable harm was established by the applicant, balance of convenience and public interest do not favour granting a stay, and the legislative scheme does not permit conditional stays. Accordingly, the application for a stay is refused.

Parties
Applicant: DEF; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
06 October 2017
Procedural Posture
Administrative Review / Interlocutory Application for Stay of Operation of Decision
Outcome
Application for stay refused
Legal Topics
Working With Children Check Clearance, Stay of Decision, Risk Assessment, Jurisdiction, Public Interest
Administrative Law Child Protection Working With Children Check Clearance Stay of Decision Risk Assessment Jurisdiction Public Interest

Case Brief

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Parties

DEF

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Interlocutory Application for Stay of Operation of Decision

Legal Issues

  1. 1 Whether the Tribunal should grant a stay of the Children's Guardian's decision to cancel the applicant's Working with Children Check clearance
  2. 2 Whether conditions can be imposed on a grant of a stay
  3. 3 Whether Tribunal has jurisdiction given parties are interstate residents

Ratio Decidendi

The Tribunal concluded, based on limited interim evidence and statutory requirements, that protection of children is the paramount concern, no prima facie case or irreparable harm was established by the applicant, balance of convenience and public interest do not favour granting a stay, and the legislative scheme does not permit conditional stays. Accordingly, the application for a stay is refused.

Court Disposition

Application for stay refused

Orders

  • The application for a stay of the operation of the decision under review is refused.