Ozymandias v Secretary, Department of Education [2024] NSWIRComm 1071

Industrial Relations Commission New South Wales Medium Neutral Citation: Ozymandias v Secretary, Department of Education [2024] NSWIRComm 1071 Hearing dates: Matter decided in chambers Date of orders: 26 September 2024 Decision date: 27 November 2024 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: The orders made on 21 April 2023 in IRC No. 2023/00022775 Adam Semaan (Khaine Ozymandias) v Secretary of the Department of Education under s 164A of the Industrial Relations Act 1996, be varied to include the additional Order 5: 5. Nothing in these orders: (i) prevents the disclosure of any information or material to the Children's Guardian in compliance with: a. an assessment notice issued under s 31 of the Child Protection (Working with Children) Act 2012; b. a request for information issued under s 245D of the Children and Young Persons (Care and Protection) Act 1998; or c. a requirement to provide further information under s 42 of the Children's Guardian Act 2019, or in accordance with s 245C of the Children and Young Persons (Care and Protection) Act 2012; (ii) prevents the use or disclosure by the Children's Guardian of information or material provided in that manner in the exercise of the Children's Guardian's functions under: a. the Child Protection (Working with Children) Act 2012; b. the Children and Young Persons (Care and Protection) Act 1998; or c. the Children's Guardian Act 2019, including, without limitation, for the purpose of carrying out any risk assessment in accordance with s 15 of the Child Protection (Working with Children) Act 2012 and for the purposes of any review or appeal of a decision by the Children's Guardian in accordance with Part 4 of that Act; or (iii) prevents the Applicant, Mr Khaine Ozymandias, or the Respondent, the Secretary of the Department of Education, from disclosing information or material that is the subject of the above orders to the NSW Civil and Administrative Tribunal or any other court for the purposes of any review or appeal of a decision by the Children's Guardian in accordance with Part 4 of the Child Protection (Working with Children) Act 2012 or any further appeal therefrom. Catchwords: EMPLOYMENT LAW – application to varying non-disclosure orders by non-party – parties consent to variation order – relevant principles to apply – in the interests of justice to vary the orders – not in the interests of justice to maintain the original orders – variation order made Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Pt 4, ss 15, 31, 45 Children and Young Persons (Care and Protection) Act 1998 (NSW) Ch 16A, ss 245D, 245C, 254 Children's Guardian Act 2019 (NSW) ss 42, 159 Civil and Administrative Tribunal Act 2013 (NSW) s 65 Industrial Relation Act 1996 (NSW) s 164A Cases Cited: Department of Education v X [2023] NSWIRComm 1061 Dr A and Health District [2014] NSWIRComm 28 Rawson v Secretary, New South Wales Department of Education [2024] NSWIRComm 1060 Category: Procedural rulings Parties: Office of the Children's Guardian (Applicant in the application to amend non-disclosure orders) Khaine Ozymandias (formerly Adam Semaan) (Applicant in the proceedings) Secretary, Department of Education (Respondent in the proceedings) Representation: Crown Solicitors Office (Solicitor for the Children's Guardian) McNally Jones Staff (Applicant) A Britt of counsel (Respondent) File Number(s): 2023/00022775 Publication restriction: Orders made by the Commission on 21 April 2023, as varied by the Order made on 26 September 2024.