NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Douglas v Secretary, Department of Education [2021] NSWIRComm 1044 Hearing dates: 29 and 30 March, 13 April 2021 Date of orders: 18 June 2021 Decision date: 18 June 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Murphy Decision: Appeal disallowed Catchwords: PUBLIC SECTOR DISCIPLINARY APPEAL – School Learning Support Officer dismissed – non-disclosure order – sustained allegations of misconduct involving a nine year old special needs student – inappropriate physical contact Legislation Cited: Child Protection (Working with Children) Act 2012 Children's Guardian Act 2019 Industrial Relations Act 1996 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Hoxton Park Residents Action Group Inc v Liverpool City Council [2016] NSWCA 157 Jones v Dunkel (1959) 10 CLR 298 New South Wales Nurses' Association on behalf of Debbie Rudder v Booroongen Djugun Aboriginal Corporation [2007] NSWIRComm 89 Texts Cited: Nil Category: Principal judgment Parties: Vicki Douglas (Appellant)
Secretary, Department of Education (Respondent) Representation: Counsel: Mr D Nagle (Appellant) Mr T Dixon with Mr H Pararajasingham (Respondent)
Solicitors: Mr M Burns, McNally Jones Staff Lawyers (Appellant) Mr B Madden, Crown Solicitor's Office (Respondent) File Number(s): 2020/00276673 Publication restriction: See [3]
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