Savet v Rosebank College [2023] NSWSC 1015

Supreme Court New South Wales

Medium Neutral Citation: Savet v Rosebank College [2023] NSWSC 1015 Hearing dates: 25 July 2023 Date of orders: 24 August 2023 Decision date: 24 August 2023 Jurisdiction: Common Law Before: Wright J Decision: (1) The plaintiff's amended summons filed on 19 May 2023 is dismissed. (2) The plaintiff is to pay the defendants' costs as agreed or assessed. Catchwords: ADMINISTRATIVE LAW – Judicial Review – jurisdictional error – denial of procedural fairness – actual bias – decision made under the Children's Guardian Act 2019 (NSW) – whether plaintiff was afforded procedural fairness – whether decision maker affected by actual bias – application dismissed. Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW), ss 14, 15(1), 23(1), Sch 1 Item 2. Children's Guardian Act 2019 (NSW), ss 3, 6(b), 7, 8(a), 9, 10, 12(a), 13(a), 16, 17(1)(c), 18(1), 20, 22, 23, 27, 34, 35, 36, 37, 40, Pt 4 Div 5. Cases Cited: BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 CNY17 v Minister for Immigration and Border Protection (2019) 268 CLR 76; [2019] HCA 50 CPCF v Minister for Immigration and Border Protection (2015) 255 CLR 514; [2015] HCA 1 Minister for Immigration and Border Protection v WZARH (2015) 256 CLR 326; [2015] HCA 40 Minister for Immigration and Multicultural and Indigenous Affairs v Jia Legeng (2001) 205 CLR 507; [2001] HCA 17 Olsen v Olsen (2019) 101 NSWLR 225; [2019] NSWCA 278 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex Parte Lam (2003) 214 CLR 1: [2003] HCA 6 Reid v Commercial Club (Albury) Ltd [2014] NSWCA 98 Stead v State Government Insurance Commission (1986) 161 CLR 141 at 147; [1986] HCA 54 Windsor v Health Care Complaints Commission [2020] NSWCA 110 Texts Cited: Office of the Children's Guardian, Identifying reportable allegations: The NSW Reportable Conduct Scheme – Fact Sheet 1, August 2022 Office of the Children's Guardian, Heads of entities and reportable conduct responsibilities: The NSW Reportable Conduct Scheme – Fact Sheet 2, August 2023 Office of the Children's Guardian, Planning and conducting an investigation: The NSW Reportable Conduct Scheme – Fact Sheet 4, August 2022 Office of the Children's Guardian, Making a Finding of Reportable Conduct: The NSW Reportable Conduct Scheme – Fact Sheet 8, August 2022 Category: Principal judgment Parties: Benjamin Savet (Plaintiff)