CQJ v Children’s Guardian [2016] NSWCATAD 263

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CQJ v Children's Guardian [2016] NSWCATAD 263 Hearing dates: 8 September 2016 Date of orders: 18 November 2016 Decision date: 18 November 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member Decision: 1. The respondent's application that the applicant has no standing to bring his application for an enabling order is dismissed.

2. The applicant's application is listed for further directions on 8 December 2016, at 12 noon. Catchwords: ADMINISTRATIVE LAW - Child Protection – statutory construction – proper construction of subs 23(1) of the Child Protection (Working with Children) Act 2012 (the Act) and the Part 4 review and appeal rights of a person whose working with children check clearance is cancelled on the grounds of being charged with an offence and the charges are pending determination.

Proper construction of subs 26(1)(c) of the Act, as it applied in June 2016, and whether it includes a person whose working with children check clearance is cancelled on the grounds of being charged with a Sch 2 offence (disqualifying offence) and the charges are pending determination disqualifying offence Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Child Protection Legislation Amendment Act 2015 (NSW) Child Protection (Working with Children) and Other Child Protection Legislation Amendment Act 2016 (NSW) Crimes Act 1900 (NSW) Interpretation Act 1987 (NSW) Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27, [2009] HCA 41 Category: Procedural and other rulings Parties: CQJ (Applicant) Children's Guardian (Respondent) Representation: Counsel: G Moore (Respondent)