BVT v Children’s Guardian (No 2) [2016] NSWCATAD 266

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BVT v Children's Guardian (No 2) [2016] NSWCATAD 266 Hearing dates: 2 November 2016 Date of orders: 22 November 2016 Decision date: 22 November 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: M Anderson, Senior Member Decision: The application filed 6 October 2016 for the proceedings to be heard by a Tribunal Member other than Senior Member M Anderson and General Member O'Halloran is refused. Catchwords: ADMINISTRATIVE LAW – application for an enabling order under section 28 Child Protection (Working with Children) Act 2012 – prior refusal of application – appeal to Supreme Court allowed on an error of law – remittal of application by Supreme Court to be determined according to law – error of law identified by the Supreme Court - no order made by Supreme Court as to constitution of the Tribunal to rehear the application – original hearing by two member panel - whether an apprehension of bias is present - whether the matter should be heard by different Members of the Tribunal if no apprehension of bias found – no apprehension of bias present – matter may be heard by the named Members of the Tribunal subject to availability. Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Cases Cited: Attorney General of New South Wales v Lucy Klewer [2003] NSWCA 295 Australian National Industries Ltd v Spedley Securities Ltd (in liq) (1992) 26 NSWLR 411 Barakat v Goritsas (No 2) [2012] NSWCA 36 British American Tobacco Australia Services Ltd v Laurie [2011] HCA 2; (2011) 242 CLR 283 BVT v Children's Guardian [2016] NSWCATAD 12 BVT v Office of the Children's Guardian [2016] NSWSC 1169 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Fitzgerald v Director of Public Prosecutions (1991) 24 NSWLR 45 Isbester v Knox City Council (2015) 89 ALJR 609 Johnson v Johnson (2000) 201 CLR 488 Jorgensen v Shorten [2016] NSWSC 1631 McGuirk v Director General, Attorney General's Department (GD) [2007] NSWADTAP 38 Michael Wilson & Partners Ltd v Nicholls (2011) 244 CLR 427 Raybos Australia Pty Limited v Tectran Corporation Pty Ltd (1986) 6 NSWLR 272 Re JRL; Ex p CJL (1986) 161 CLR 342 Slavin v Owners Corporation Strata Plan 16857 [2006] NSWCA 71 Wentworth v Graham [2003] NSWCA 240 Category: Procedural and other rulings Parties: BVT (Applicant) Children's Guardian (Respondent) Representation: Counsel: G Moore (Applicant) J Harris (Respondent)