BCS v NSW Civil & Administrative Tribunal [2015] NSWSC 126

Supreme Court New South Wales

Medium Neutral Citation: BCS v NSW Civil & Administrative Tribunal [2015] NSWSC 126 Hearing dates: 24 February 2015 Decision date: 27 February 2015 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order, pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW), that the order made by Registrar Kenna on 18 September 2014 that the applicant be referred to by the use of the pseudonym "BCS", be continued.

(2) Pursuant to UCPR 50.3(1)(c), extend the time to commence the proceedings up to and including 1 July 2014.

(3) Quash the determination made by the first respondent on 16 April 2014 refusing and dismissing the applicant's application for an enabling order under the Child Protection (Working with Children) Act 2012 (NSW).

(4) Order that the applicant's application for an enabling order under the Child Protection (Working with Children) Act 2012 (NSW) be remitted to the New South Wales Civil and Administrative Tribunal, constituted other than by Senior Member Mullane, to be dealt with according to law.

(5) Unless any party seeks a different order by written application made in writing to my Associate within seven days, order the second respondent to pay the applicant's costs of the proceedings. Catchwords: ADMINISTRATIVE LAW – judicial review – mandatory relevant considerations not taken into account by Tribunal in application for an enabling order to permit the applicant to work with children notwithstanding disqualifying offence – failure to comply with s 30 of the Child Protection (Working with Children Act) 2012 (NSW) – unjustified concentration on alleged failure to disclose leading to disregard of mandatory provision – making findings for which there was no evidence – matter to be remitted to be determined in accordance with law STATUTORY INTERPRETATION – Child Protection (Working with Children) Act 2012 (NSW) s 28(5) – nature and relevance of disclosure obligation to considerations listed in s 30 Legislation Cited: Crimes Act 1900 (NSW), s 61I Children and Young Persons (Care and Protection) Act 1998 (NSW) s 178 Child Protection (Working with Children) Act 2012 (NSW), ss 3, 4, 6, 8(1), 13, 18(1), 28, 30(1) Civil and Administrative Tribunal Act 2013 (NSW), 62, sch 2 cl 1(1)(e), sch 3 cl 17(1)(a) Court Suppression and Non-Publication Orders Act 2010 (NSW) ss 7, 8 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), Pt 50 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Seltsam Pty Limited v Ghaleb [2005] NSWCA 208 Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA 43 Texts Cited: Justice K Mason, "Unconscious Judicial Prejudice" (2001) 75 ALJ 676 Category: Principal judgment Parties: BCS (Applicant) NSW Civil and Administrative Tribunal (First Respondent) The Children's Guardian (Second Respondent) Representation: Counsel: A Naylor/J Lawrence (Applicant) G Moore (Second Respondent)