Benjamin James Creighton v NSW Department of Education and Communities [2016] NSWIRComm 1015

Industrial Relations Commission New South Wales Medium Neutral Citation: Benjamin James Creighton v NSW Department of Education and Communities [2016] NSWIRComm 1015 Hearing dates: 24 November 2015 Date of orders: 22 April 2016 Decision date: 22 April 2016 Jurisdiction: Industrial Court of NSW Before: Stanton C Decision: Proceedings stayed temporarily pending the determination of the applicant's appeal to NCAT for a review of the Office of Children's Guardian decision not to grant him a clearance to work with children. Catchwords: Application for a temporary stay order pending the determination of proceedings before NCAT brought under Child Protection (Working With Children Act 2012 (NSW) – legal principles governing the temporary grant of a stay order considered – whether Commission should proceed to determine whether dismissal was harsh, unreasonable or unjust – consideration of undertakings given by application –Held: Commission proceedings should be temporarily stayed – orders made. Legislation Cited: Industrial Relations Act 1996 Teaching Service Act 1980 Uniform Civil Procedure Rules 2005 Child Protection (Working with Children) Act 2012 Cases Cited: AON Risk Services Australia Limited v Australian L & D Lowe Transport Pty Ltd and Ors v Riteway Transport t/as Riteway Express [2009] NSWIRComm 22 National University (2009) 239 CLR 175 at [98] Category: Consequential orders (other than Costs) Parties: Mr B J Creighton – Applicant

NSW Department of Education and Communities - Respondent Representation: Counsel: