CCC v Office of the Children’s Guardian (No 2) [2015] NSWSC 905

Supreme Court New South Wales

Medium Neutral Citation: CCC v Office of the Children's Guardian (No 2) [2015] NSWSC 905 Hearing dates: 25 May 2015 Date of orders: 13 July 2015 Decision date: 13 July 2015 Jurisdiction: Common Law Before: Hamill J Decision: (1) The plaintiff's summons filed 27 April 2015 is dismissed pursuant to rule 13.4(1)(b) of the Uniform Civil Procedure Rules 2005 (NSW). (2) The plaintiff is to pay the defendant's costs of the proceedings. Catchwords: ADMINISTRATIVE LAW – summons seeking judicial review of decision to refuse a working with children clearance – application for summary dismissal – where plaintiff has statutory right to review by NCAT – whether concurrent proceedings an abuse of process – whether relief sought in summons destined to fail – risk assessment form – whether certain signatures required – statutory interpretation – whether "satisfied" means "completely satisfied" – protective statute – definition of risk – summons dismissed Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Federal Court of Australia Act 1976 (Cth) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 BNJ v Children's Guardian [2015] NSWCAGTAD 96 Boscolo v Consumer Trader and Tenancy Tribunal [2014] NSWSC 997 CBA v ZYX [2014] NSWSC 1676; (2015) 103 ACSR 476 CCC v Office of the Children's Guardian [2015] NSWSC 471 Dey v Victorian Railway Commissioners [1949] HCA 1; 78 CLR 62 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; 112 CLR 125 Herbert v Artese [2014] NSWSC 314 Spencer v The Commonwealth [2010] HCA 28; 241 CLR 118 Westpac Banking v Kekatos [2014] NSWSC 1802 Category: Principal judgment Parties: CCC (Plaintiff) Office of the Children's Guardian (Defendant) Representation: Counsel: Dr R M Della-Bosca (as McKenzie friend for Plaintiff) G F Mahony (Defendant)