Commissioner for Children and Young People v FZ [2011] NSWCA 111

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Commissioner for Children and Young People v FZ [2011] NSWCA 111 Hearing dates: 5 April 2011 Decision date: 09 May 2011 Before: Hodgson JA at [1]; Young JA at [7]; Handley AJA at [77] Decision: Orders: (1) Grant leave to appeal. (2) Direct that the appellant file a notice of appeal in the form of the draft notice of appeal within 7 days. (3) Order that the appeal be dismissed. (4) Order that the appellant pay the respondents' costs. (5) Order that the primary judge's orders 4 and 5 as to anonymity be confirmed. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW- natural justice-evidence of key witness admitted notwithstanding witness not present for cross-examination- finding of denial of procedural fairness upheld.

ADMINISTRATIVE LAW- tribunal not bound by rules of evidence- applicant to satisfy tribunal that he is no risk to children- Commissioner raising particular incidents-no onus on Commissioner to prove those incidents occurred- onus remains on applicant. Legislation Cited: Administrative Decisions Tribunal Act 1997, ss 70, 73 Commission for Children and Young People Act 1998, ss 32, 33J Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 Commissioner for Children and Young People v IK [2005] NSWSC 1136 Kostas v HIA Insurance Services Pty Ltd [2007] NSWSC 315 at [84] Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 R v Commissioner for Children and Young People [2002] NSWIR Comm 101 Ramsay v Australian Postal Corporation (2005) 147 FCR 39 Re Benson and Hughes (1994) 17 Fam LR 761 Roberts v Balancio (1987) 8 NSWLR 436 Category: Principal judgment Parties: Commissioner for Children and Young People (Appellant) FZ (First Respondent) Administrative Decisions Tribunal (Second Respondent) Representation: Counsel: Dr J Griffiths SC and J Hutton (Appellant) S A Beckett (First Respondent) Second Respondent submitted Solicitors: I V Knight, Crown Solicitor (Appellant) Logical Legal (First Respondent) File Number(s): 2009/298136 Publication restriction: No names of parties or persons referred to in reasons to be published save that appellant may be named and 1st respondent referred to as FZ Decision under appeal Citation: FZ v Commissioner for Children and Young People [2010] NSWSC 1144 Date of Decision: 2010-10-08 00:00:00 Before: Harrison J File Number(s): 2009/298136