DND v Commissioner of Police, NSW Police Force [2019] NSWCATAD 220

DND v Commissioner of Police, NSW Police Force [2019] NSWCATAD 220

The Tribunal lacked jurisdiction to grant a total exemption from reporting obligations or to remove the applicant from the Child Protection Register; such powers are not conferred by the Act. The application was therefore misconceived and must be dismissed.

Jurisdiction
Australia
Judgment Date
25 October 2019
Procedural Posture
Administrative Review / Summary Dismissal Application
Outcome
Application dismissed
Legal Topics
['child Protection Register' 'reporting Obligations' 'tribunal Jurisdiction' 'summary Dismissal']
['administrative Law' 'criminal Law'] ['child Protection Register' 'reporting Obligations' 'tribunal Jurisdiction' 'summary Dismissal']

Case Brief

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Procedural Posture

Administrative Review / Summary Dismissal Application

Legal Issues

  1. 1 ['Whether the Tribunal has power to exempt a registrable person from reporting obligations under the Child Protection (Offenders Registration) Act 2000 (NSW)' 'Whether the application should be summarily dismissed as frivolous, vexatious, or misconceived']

Ratio Decidendi

The Tribunal lacked jurisdiction to grant a total exemption from reporting obligations or to remove the applicant from the Child Protection Register; such powers are not conferred by the Act. The application was therefore misconceived and must be dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed because the proceedings are frivolous, vexatious or otherwise misconceived or lacking in substance.']