Siu v Department of Family and Community Services [2015] NSWCATAD 192

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Siu v Department of Family and Community Services [2015] NSWCATAD 192 Hearing dates: 30 June 2015 Decision date: 21 September 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Lucy Senior Member Decision: 1. The certificate issued on behalf of the Secretary of the respondent on 17 April 2015, purportedly under s 29(1A) of the Children and Young Persons (Care and Protection) Act 1998 (NSW), is capable of applying to notifications made under s 22 of the Children (Care and Protection) Act 1987 (NSW), but not to notifications or report made prior to the commencement of the Children (Care and Protection) Act 1987 (NSW). 2. The matter is listed for a further planning meeting on 27 October 2015 at 11:30am. Catchwords: GOVERNMENT INFORMATION – Conclusive presumption of an overriding public interest against disclosure of information contained in child protection reports – Whether conclusive presumption applies to reports predating the Children and Young Persons (Care and Protection) Act 1998 (NSW) CHILD PROTECTION NOTIFICATIONS – Operation of savings and transitional provisions – Whether such provisions apply to render inadmissible reports made before the commencement of the Children and Young Persons (Care and Protection) Act 1998 (NSW) and/or the commencement of the Children (Care and Protection) Act 1987 (NSW) Legislation Cited: Government Information (Public Access) Act 2009 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Children and Young Persons (Savings and Transitional) Regulation 2000 (NSW) Children and Young Persons (Care and Protection) Amendment Act 2006 (NSW) Children (Care and Protection) Act 1987 (NSW) Child Welfare Act 1939 (NSW) Miscellaneous Acts (Community Welfare) Repeal and Amendment Act 1987 (NSW) Interpretation Act 1987 (NSW) Statute Law (Miscellaneous Provisions) Act (No 2) 2007 (NSW) Cases Cited: Walsh v Greater Metropolitan Cemeteries Trust (No 2) [2014] FCA 456 State Government Insurance Office (Qld) v Crittenden (1966) 117 CLR 412 Construction, Forestry, Mining and Energy Union v Pilbara Iron Co (Services) Pty Ltd (No 3) [2012] FCA 697 The Application of the Attorney General for New South Wales dated 4 April 2014 [2014] NSWCCA 251 Mansfield v Department of Family and Community Services [2014] NSWCATAD 43 Halal Certification Authority Pty Limited v Quality Kebab Wholesalers Pty Limited (No 2) [2014] FCA 840 Category: Procedural and other rulings Parties: Jodie Siu (Applicant) Department of Family and Community Services (Respondent) Representation: Counsel: