Commissioner for Children and Young People v "A" (No 2) [2004] NSWIRComm 8

Industrial Relations Commission of New South Wales in Court Session

CITATION : Commissioner for Children and Young People v "A" (No 2) [2004] NSWIRComm 8 APPELLANTS: Commissioner for Children and Young People PARTIES : New South Wales Department of Education and Training

RESPONDENT: "A" FILE NUMBER: IRC 6202 of 2001 CORAM: Wright J President; Walton J Vice-President; Kavanagh J Costs - Appeal - Child protection - Decision at first instance under s 154 overturned on appeal - Successful appellant seeks costs for proceedings at first instance and on appeal - Relevant legislative provisions - Nature of proceedings - Significance of application for declaration in child protection proceedings - Public interest in legal issues being resolved on appeal - Orders made that each party pay their own costs

CATCHWORDS : Appeal - Costs - Child protection - Decision at first instance under s 154 overturned on appeal - Successful appellant seeks costs for proceedings at first instance and on appeal - Relevant legislative provisions - Nature of proceedings - Significance of application for declaration in child protection proceedings - Public interest in legal issues being resolved on appeal - Orders made that each party pay their own costs

Child protection - Costs - Appeal - Decision at first instance under s 154 overturned on appeal - Successful appellant seeks costs for proceedings at first instance and on appeal - Relevant legislative provisions - Nature of proceedings - Significance of application for declaration in child protection proceedings - Public interest in legal issues being resolved on appeal - Orders made that each party pay their own costs Child Protection (Prohibited Employment) Act 1998 s 3 s 5 s 6 s 8 s 9 Child Protection Legislation Amendment Act 2002 LEGISLATION CITED : Crimes Act 1900 s 579 Industrial Relations Act 1996 s 152 s 154 s 181 Suitors Fund Act 1951 s 6 s 7 "A" v Commission for Children and Young People (2001) 107 IR 211 Commission for Children and Young People v "A" (2003) 123 IR 395 Health and Research Employees' Association of New South Wales v Baptist Community Services NSW and ACT (2002) 122 IR 178 Hollier v Australian Maritime Safety Authority (No.2) [1998] 975 FCA. Latoudis v Casey (1990) 170 CLR 534 CASES CITED : Milne v Attorney General for the State of Tasmania (1956) 95 CLR 460 New South Wales Teachers Federation v Managing Director NSW TAFE Commission (2003) 123 IR 384 Oshlack v Richmond River Council (1998) 193 CLR 72 Police Association of New South Wales v Commissioner of Police (2002) 123 IR 301 R v Bolton, Ex parte Beane (1987) 162 CLR 514 "R" v NSW Commission for Children and Young People [2002] NSWIRComm 101 HEARING DATES: DATE OF JUDGMENT: 02/02/2004