ECJ v Children’s Guardian [2020] NSWCATAD 28

ECJ v Children’s Guardian [2020] NSWCATAD 28

The applicant is not entitled to apply for an enabling order under s 28(2) of the Child Protection (Working with Children) Act 2012 (NSW) because s 28(2) applies only to persons previously refused a clearance, not persons whose clearance was cancelled. Therefore, the application must be dismissed as misconceived under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW).

Parties
Applicant: ECJ; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
22 January 2020
Procedural Posture
Administrative Review / Summary Dismissal Application
Outcome
Application dismissed
Legal Topics
Working With Children Check, Enabling Order, Cancellation of Clearance, Jurisdiction of Tribunal, Summary Dismissal
Administrative Law Child Protection Working With Children Check Enabling Order Cancellation of Clearance Jurisdiction of Tribunal Summary Dismissal

Case Brief

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Parties

ECJ

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Summary Dismissal Application

Legal Issues

  1. 1 Whether applicant is entitled to apply for an enabling order under s 28(2) of the Child Protection (Working with Children) Act 2012 (NSW)
  2. 2 Whether a person whose clearance has been cancelled is eligible to apply for an enabling order under the Act
  3. 3 Application of s 13A embargo after cancellation of clearance

Ratio Decidendi

The applicant is not entitled to apply for an enabling order under s 28(2) of the Child Protection (Working with Children) Act 2012 (NSW) because s 28(2) applies only to persons previously refused a clearance, not persons whose clearance was cancelled. Therefore, the application must be dismissed as misconceived under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW).

Court Disposition

Application dismissed

Orders

  • The proceedings are dismissed, pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW).