CHI v Children’s Guardian (No 2) [2016] NSWCATAD 272

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CHI v Children's Guardian (No 2) [2016] NSWCATAD 272 Hearing dates: On the Papers Date of orders: 24 November 2016 Decision date: 24 November 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member Decision: (1) The Tribunal has jurisdiction to hear and determine the applicant's application.

(2) The applicant's application is listed for Directions 8 December 2016, at 11 am. Catchwords: Child Protection – working with children check clearance – respondent refused the applicant's application for a clearance as he was a disqualified person – applicant made an application to the Tribunal for an enabling order under s 28 of the Child Protection (Working with Children) Act 2012 (NSW) (the WWC Act) – after the respondent refused the applicant's application and before the applicant lodged his application for an enabling order, s 26 of the WWC Act was amended – whether the amended s 26 applied to the applicant, or whether the omitted s 26 continued to apply.

Statutory construction – whether s 26, as amended by cl 30 of Schedule 2 of the Child Protection Legislation Amendment Act 2015 (NSW), applied to the applicant. Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Child Protection Legislation Amendment Act 2015 (NSW) Child Protection (Working with Children) and Other Crimes Act 1900 (NSW) Industrial Relations Act 1996 (NSW) Interpretation Act 1987 (NSW) Cases Cited: CGN v Children's Guardian [2016] NSWCATAD 138 CHB v Children's Guardian [2016] NSWCATAD 214 CHI v Children's Guardian [2016] NSWCATAD 151 Category: Procedural and other rulings Parties: CHI (Application) Children's Guardian (Respondent) Representation: Counsel: M Neville (Respondent)