Hunter Support Services Pty Ltd v The Children's Guardian [2005] NSWSC 616

Hunter Support Services Pty Ltd v The Children's Guardian [2005] NSWSC 616

Regulation 20(1)(c) refers to "an individual referred to in paragraph (b)", and paragraph (b) is one of the classes of individuals who must satisfy assessment requirements under Regulation 20(3). Those requirements, including training and employment screening, can apply only to natural persons. Nothing in the Act or...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 June 2005
Procedural Posture
Plaintiff's Summons Seeking a Declaration as to Statutory Construction / Decision on Plaintiff's Summons
Outcome
Plaintiff's Summons dismissed.
Legal Topics
['meaning of "individual"' 'authorised Carers' 'designated Agencies' 'children and Young Persons (care and Protection) Regulation 2000 (nsw) Cl 20(1)(c)']
['statutory Interpretation' 'child Protection' 'administrative Law'] ['meaning of "individual"' 'authorised Carers' 'designated Agencies' 'children and Young Persons (care and Protection) Regulation 2000 (nsw) Cl 20(1)(c)']

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Procedural Posture

Plaintiff's Summons Seeking a Declaration as to Statutory Construction / Decision on Plaintiff's Summons

Legal Issues

  1. 1 ['Whether "individual" where secondly appearing in Regulation 20(1)(c) of the Children and Young Persons (Care and Protection) Regulation 2000 (NSW) includes a corporation or is confined to a natural person.' 'Whether the Act or Regulations indicate a contrary intention to the definition of "individual" in s.21 of the Interpretation Act 1987 (NSW).']

Ratio Decidendi

Regulation 20(1)(c) refers to "an individual referred to in paragraph (b)", and paragraph (b) is one of the classes of individuals who must satisfy assessment requirements under Regulation 20(3). Those requirements, including training and employment screening, can apply only to natural persons. Nothing in the Act or Regulations clearly indicates a contrary intention to the Interpretation Act definition. Therefore "individual" where secondly appearing in Regulation 20(1)(c) means a natural person and does not include a corporation.

Court Disposition

Plaintiff's Summons dismissed.

Orders

  • ["The Plaintiff's Summons is dismissed."]