BJQ v Children's Guardian (No 2) [2016] NSWCATAD 291

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BJQ v Children's Guardian (No 2) [2016] NSWCATAD 291 Hearing dates: On the papers Date of orders: 14 December 2016 Decision date: 14 December 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: M Anderson, Senior Member M Bolt, General Member Decision: The section 64 of the Civil and Administrative Tribunal Act order made in proceedings known as in BJQ v Children's Guardian [2016] NSWCATAD 99 is revoked. Catchwords: Administrative Law- Non-publication order made pursuant to section 64 Civil and Administrative Tribunal Act 2013 (NSW) in earlier proceedings – whether circumstances require the variation or rescission of the non-publication order – legislative provisions restricting identification of the complainant not applicable upon her death subject to the public interest – principle of open justice and public interest – whether non-publication order desirable – prior order revoked. Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Court Suppression and Non-publication Orders Act 2010 Evidence Act 1995 (NSW) Cases Cited: Avilion Group Pty Ltd v Commissioner of Police, NSW Police (GD) [2010] NSWADTAP 46 BJQ v Children's Guardian [2016] NSWCATAD 99 Council of the New South Wales Bar Association v BRJ (No 3) [2015] NSWCATOD 159 Rinehart v Welker [2011] NSWCA 403 State of New South Wales (Justice Health) and anor v Dezfouli [2008] NSWADTAP 69 Texts Cited: Procedural Direction 9, NSW Civil and Administrative Tribunal Category: Consequential orders (other than Costs) Parties: BJQ (Applicant) Children's Guardian (Respondent) Director of Public Prosecutions (Third party Applicant) Representation: Counsel: