EDC v Children’s Guardian [2020] NSWCATAD 261

EDC v Children’s Guardian [2020] NSWCATAD 261

Because the proceedings had been dismissed under s 55(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) following the applicant's withdrawal, and not under s 55(1)(c) for failure to appear, the reinstatement power in s 55(2) was not available. The Tribunal therefore had no power to reinstate the proceedings and dismissed the reinstatement application.

Jurisdiction
Australia
Judgment Date
23 October 2020
Procedural Posture
Application to Reinstate Proceedings for Administrative Review of a Decision Refusing a Working With Children Check Clearance / On the Papers; Application to Reinstate Proceedings
Outcome
Application to reinstate the proceedings dismissed; hearing dispensed with.
Legal Topics
['reinstatement of Proceedings' 'proceedings Withdrawn by Applicant' 'working With Children Check Clearance' 'dispensing With a Hearing']
['administrative Law' 'practice and Procedure' 'child Protection'] ['reinstatement of Proceedings' 'proceedings Withdrawn by Applicant' 'working With Children Check Clearance' 'dispensing With a Hearing']

Case Brief

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Procedural Posture

Application to Reinstate Proceedings for Administrative Review of a Decision Refusing a Working With Children Check Clearance / On the Papers; Application to Reinstate Proceedings

Legal Issues

  1. 1 ['Whether the Tribunal should dispense with the need for a hearing and determine the reinstatement application on the papers.' 'Whether the Tribunal has power under s 55(2) of the Civil and Administrative Tribunal Act 2013 (NSW) to reinstate proceedings dismissed under s 55(1)(a) after the applicant withdrew the proceedings.']

Ratio Decidendi

Because the proceedings had been dismissed under s 55(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) following the applicant's withdrawal, and not under s 55(1)(c) for failure to appear, the reinstatement power in s 55(2) was not available. The Tribunal therefore had no power to reinstate the proceedings and dismissed the reinstatement application.

Court Disposition

Application to reinstate the proceedings dismissed; hearing dispensed with.

Orders

  • ['Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) the Tribunal dispenses with the need for a hearing.' 'Pursuant to pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) the application to reinstate the proceedings is dismissed.']