EDA v Children’s Guardian [2020] NSWCATAD 42

EDA v Children’s Guardian [2020] NSWCATAD 42

The application for an extension of time to file the administrative review was refused because the applicant failed to demonstrate substantial merit, given the length and reasons for delay, the absence of a fairly arguable case, and having regard to the paramount consideration of children's safety and statutory scheme providing for a means of fresh application after five years. The legislative provisions and guiding principles do not support an extension in the circumstances.

Jurisdiction
Australia
Judgment Date
06 February 2020
Procedural Posture
Administrative Review / Application for Extension of Time to File Administrative Review—decision on Extension and Dismissal
Outcome
Extension of time refused; application for administrative review dismissed
Legal Topics
['extension of Time' 'working With Children Check' 'risk Assessment' 'merits Review']
['administrative Law' 'child Protection' 'tribunal Procedure'] ['extension of Time' 'working With Children Check' 'risk Assessment' 'merits Review']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Review / Application for Extension of Time to File Administrative Review—decision on Extension and Dismissal

Legal Issues

  1. 1 ['Whether time for filing administrative review application should be extended' 'Whether there is a fairly arguable case or substantial merit in the applicant’s challenge to the cancellation of his Working With Children Check clearance']

Ratio Decidendi

The application for an extension of time to file the administrative review was refused because the applicant failed to demonstrate substantial merit, given the length and reasons for delay, the absence of a fairly arguable case, and having regard to the paramount consideration of children's safety and statutory scheme providing for a means of fresh application after five years. The legislative provisions and guiding principles do not support an extension in the circumstances.

Court Disposition

Extension of time refused; application for administrative review dismissed

Orders

  • ['The Tribunal refuses the application to extend time for the filing of the Administrative Review application dated 31 October 2019.' 'The application for Administrative Review filed by the applicant is dismissed.']