DJS v Children's Guardian [2018] NSWCATAD 71

DJS v Children's Guardian [2018] NSWCATAD 71

It is desirable to grant a stay of the operation of the decision refusing the applicant’s Working with Children Check Clearance, pending a final hearing, having regard to the seriousness of the offence, the lengthy passage of time since offending, positive conduct, the applicant's employment circumstances, public interest considerations, and the balance of convenience pending a full review.

Jurisdiction
Australia
Judgment Date
27 March 2018
Procedural Posture
Application for Stay Pending Administrative Review / Interim/interlocutory Decision on Stay Application
Outcome
Interim stay granted
Legal Topics
['stay of Decision' 'risk Assessment' 'working With Children Check' 'protective Jurisdiction' 'interlocutory Relief']
['administrative Law' 'child Protection' 'equal Opportunity Law'] ['stay of Decision' 'risk Assessment' 'working With Children Check' 'protective Jurisdiction' 'interlocutory Relief']

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Procedural Posture

Application for Stay Pending Administrative Review / Interim/interlocutory Decision on Stay Application

Legal Issues

  1. 1 ["Whether the Tribunal should grant a stay of the operation of the Children's Guardian's decision to refuse a Working with Children Check Clearance until a final review determination is made" "Whether a stay is appropriate having regard to the interest of affected persons, submissions of the Children's Guardian, and the public interest as required by s 60 of the Administrative Decisions Review Act 1997 (NSW)"]

Ratio Decidendi

It is desirable to grant a stay of the operation of the decision refusing the applicant’s Working with Children Check Clearance, pending a final hearing, having regard to the seriousness of the offence, the lengthy passage of time since offending, positive conduct, the applicant's employment circumstances, public interest considerations, and the balance of convenience pending a full review.

Court Disposition

Interim stay granted

Orders

  • ['The application for a stay of the operation of the decision under review is granted.']