O’Neill v Commissioner of Police [2020] NSWSC 1805

Supreme Court New South Wales

Medium Neutral Citation: O'Neill v Commissioner of Police [2020] NSWSC 1805 Hearing dates: 4 December 2020 Date of orders: 4 December 2020 Decision date: 04 December 2020 Jurisdiction: Common Law Before: Fagan J Decision: 1. Time is extended for the filing of the summons herein up to and including 14 July 2020. 2. Pursuant to s 69(3)(a) of the Supreme Court Act 1970, the decision and order of the Local Court at Fairfield (Magistrate Seagrave) made on 30 May 2019 under s 3E of the Child Protection (Offenders Registration) Act 2000 in respect of the plaintiff is quashed. 3. Declare that Tony O'Neill did not become a registrable person within the meaning of the Child Protection (Offenders Registration) Act 2000 and the Child Protection (Offenders Prohibition Orders) Act 2004 as a result of the order purportedly made by the Local Court at Fairfield on 30 May 2019, being the order that is now quashed. Catchwords: CRIME – appeal and review – judicial review – order of Local Court declaring plaintiff registrable person under Child Protection (Offenders Registration) Act 2000 – order quashed for want of jurisdiction Legislation Cited: Child Protection (Offenders Prohibition Orders) Act 2004 Child Protection (Offenders Registration) Act 2000 Local Court Act 2007 Supreme Court Act 1970 (NSW) Category: Principal judgment Parties: Tony O'Neill (plaintiff) Commissioner of Police (defendant) Representation: Counsel: P Coady (plaintiff) K Pham (defendant)