MP v Director General of Education and Training & Ors [2006] NSWSC 1041

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

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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

  1. 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