EFY v Children’s Guardian [2020] NSWCATAD 178

EFY v Children’s Guardian [2020] NSWCATAD 178

Tribunal has no jurisdiction to conduct a further review of the decision by the Children's Guardian to cancel the applicant’s WWCC clearance, as it has already been reviewed and determined. Refusal to permit an early application does not constitute a refusal of clearance and cannot be reviewed by the Tribunal under relevant statutory provisions.

Jurisdiction
Australia
Judgment Date
09 July 2020
Procedural Posture
Administrative Tribunal Review / Summary Dismissal Application
Outcome
Application dismissed
Legal Topics
['working With Children Check Clearance' 'jurisdiction of Tribunal' 'cancellation Vs Refusal of Clearance' 'early Application Provisions']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'jurisdiction of Tribunal' 'cancellation Vs Refusal of Clearance' 'early Application Provisions']

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Procedural Posture

Administrative Tribunal Review / Summary Dismissal Application

Legal Issues

  1. 1 ['Whether applicant is entitled to seek further review of WWCC cancellation decision' "Whether refusal by Children's Guardian to allow early application constitutes refusal of clearance" 'Whether Tribunal has jurisdiction to review early application refusal under relevant statutory provisions']

Ratio Decidendi

Tribunal has no jurisdiction to conduct a further review of the decision by the Children's Guardian to cancel the applicant’s WWCC clearance, as it has already been reviewed and determined. Refusal to permit an early application does not constitute a refusal of clearance and cannot be reviewed by the Tribunal under relevant statutory provisions.

Court Disposition

Application dismissed

Orders

  • ['The proceedings are dismissed pursuant to section 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW).']