EPW v Children’s Guardian [2021] NSWCATAD 98

EPW v Children’s Guardian [2021] NSWCATAD 98

Given the serious nature of the offence, the young age and vulnerability of the children, the statutory presumption that EPW poses a risk to the safety of children, and insufficient evidence to rebut that presumption or establish that a stay is required in the interests of justice, the application for a stay is refused.

Parties
Applicant: EPW; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
23 April 2021
Procedural Posture
Administrative Review / Interlocutory Application for Stay Pending Substantive Hearing
Outcome
Stay refused; directions given for progression of substantive application.
Legal Topics
Working With Children Check, Stay of Administrative Decision, Disqualified Person Under Child Protection (working With Children) Act
Administrative Law Equal Opportunity Law Child Protection Working With Children Check Stay of Administrative Decision Disqualified Person Under Child Protection (working With Children) Act

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Parties

EPW

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Interlocutory Application for Stay Pending Substantive Hearing

Legal Issues

  1. 1 Whether EPW's request for a stay of the Children's Guardian's decision should be granted pending determination of the substantive enabling order application
  2. 2 Whether EPW has displaced the presumption that she poses a risk to the safety of children

Ratio Decidendi

Given the serious nature of the offence, the young age and vulnerability of the children, the statutory presumption that EPW poses a risk to the safety of children, and insufficient evidence to rebut that presumption or establish that a stay is required in the interests of justice, the application for a stay is refused.

Court Disposition

Stay refused; directions given for progression of substantive application.

Orders

  • The request by EPW to stay the decision made by the Children's Guardian on 18 February 2021 is refused.
  • The Children's Guardian is to provide any further evidence to the Tribunal and EPW on or before 20 April 2021.