MP v Director General of Education and Training & Ors [2006] NSWSC 1041
It is not appropriate to grant an injunction restraining the Director General of Education and Training from providing the information required under either statutory regime, as the statutory schemes prioritise child welfare and mandate notification.
- Parties
- Plaintiff: MP; 1st Defendant: Director General of Education and Training; 2nd Defendant: Director General of Department of Community Services; 3rd Defendant: Director of NSW Commission for Children and Young People
- Jurisdiction
- Australia
- Judgment Date
- 03 October 2006
- Procedural Posture
- Application for Injunction / Judgment
- Outcome
- Application refused
- Legal Topics
- Injunctions, Statutory Notification Requirements, Child Related Employment Proceedings
Case Brief
Summary, issues, holding and outcome
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Parties
MP
Plaintiff
Director General of Education and Training
1st Defendant
Director General of Department of Community Services
2nd Defendant
Director of NSW Commission for Children and Young People
3rd Defendant
Procedural Posture
Application for Injunction / Judgment
Legal Issues
- 1 Whether the Director General of Education and Training should be restrained from notifying other entities in exercise of statutory functions under the Ombudsman Act 1974 and Commission for Children and Young People Act 1998
Ratio Decidendi
It is not appropriate to grant an injunction restraining the Director General of Education and Training from providing the information required under either statutory regime, as the statutory schemes prioritise child welfare and mandate notification.
Court Disposition
Application refused
Full Case Text
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