Foundations Care Ltd v Children’s Guardian (No. 2) [2020] NSWCATAD 258

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Foundations Care Ltd v Children's Guardian (No. 2) [2020] NSWCATAD 258 Hearing dates: On the papers Date of orders: 09 November 2020 Decision date: 09 November 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: (1) A hearing of the applicant's application for a non-publication order is dispensed with. (2) A hearing of the respondent's application for redactions and for orders permitting the publication and broadcast of certain names is dispensed with. (3) The applicant's application for a non-publication order is dismissed. (4) The respondent's application for an order under s 65(2) of the Civil and Administrative Tribunal Act 2013 (NSW) is dismissed. Catchwords: ADMINISTRATIVE REVIEW – Child Protection – Application by applicant for non-publication of applicant's name and identifying material – Application by respondent for redaction of material identifying children – Application by respondent for an order permitting publication generally of information to which s 65(2) of the Civil and Administrative Tribunal Act 2013 applies – Whether Tribunal's power to provide consent to publication of names extends to power to permit any person to publish certain names Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW) Interpretation Act 1987 (NSW) Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27 DRJ v Commissioner of Victims Rights [2020] NSWCA 136 Foundations Care Ltd v Children's Guardian [2020] NSWCATAD 224 John Fairfax Group Pty Ltd v Local Court of New South Wales (1991) 26 NSWLR 131 Misrachi v The Public Guardian [2019] NSWCA 67 Re Application by John Fairfax Publications Pty Ltd re MSK, MAK, MMK and MRK [2006] NSWCCA 386 Taylor v R [2015] NSWCCA 12 Texts Cited: None cited Category: Principal judgment Parties: Foundations Care Ltd (Applicant) Children's Guardian (Respondent) Representation: Counsel: M Gaven (Respondent)