DKG v Commissioner of Police [2019] NSWSC 523

DKG v Commissioner of Police [2019] NSWSC 523

All relief sought by the plaintiff—appeal against conviction and sentence, removal from Child Protection Register, permission to travel overseas, issue of passport—is either out of time, lacks merit, not open in this court, or not maintainable against the named defendants. The only appropriate order is for suppression of the plaintiff’s identity; all other claims are dismissed.

Jurisdiction
Australia
Judgment Date
10 May 2019
Procedural Posture
Judicial Review / Civil Motion / Decision After Hearing on Plaintiff’s Notice of Motion and Dismissal Application
Outcome
Substantive claims and procedural motions dismissed; suppression order made.
Legal Topics
['appeal Against Local Court Conviction and Sentence' 'child Protection Offender Registration' 'judicial Review of Administrative Decisions' 'suppression and Non Publication Orders' 'australian Passport Issuance and Travel Restrictions on Registrable Offenders']
['criminal Law' 'administrative Law'] ['appeal Against Local Court Conviction and Sentence' 'child Protection Offender Registration' 'judicial Review of Administrative Decisions' 'suppression and Non Publication Orders' 'australian Passport Issuance and Travel Restrictions on Registrable Offenders']

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Procedural Posture

Judicial Review / Civil Motion / Decision After Hearing on Plaintiff’s Notice of Motion and Dismissal Application

Legal Issues

  1. 1 ['Whether leave should be granted to appeal out of time conviction and sentence from the Local Court' 'Whether the plaintiff can obtain removal of his name from the Child Protection Register' 'Whether the Supreme Court of NSW has jurisdiction to review the refusal to grant permission to travel overseas/issue passport' 'Whether a court suppression order should be made regarding the plaintiff’s identity']

Ratio Decidendi

All relief sought by the plaintiff—appeal against conviction and sentence, removal from Child Protection Register, permission to travel overseas, issue of passport—is either out of time, lacks merit, not open in this court, or not maintainable against the named defendants. The only appropriate order is for suppression of the plaintiff’s identity; all other claims are dismissed.

Court Disposition

Substantive claims and procedural motions dismissed; suppression order made.

Orders

  • ['Publication is prohibited of the name of the plaintiff and any identifying information pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW).' 'The plaintiff’s notice of motion filed 7 December 2018 (as amended) is dismissed.' 'The plaintiff’s amended summons filed 24 September 2018 is...