CJT v Office of the Children’s Guardian [2017] NSWCA 48

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: CJT v Office of the Children's Guardian [2017] NSWCA 48 Hearing dates: 10 March 2017 Decision date: 20 March 2017 Before: Ward JA, Sackville AJA Decision: 1. Grant the applicant leave to appeal from the decision of Fullerton J of 8 June 2016, limited to the following grounds: (a) Her Honour erred in law in upholding the decision of the New South Wales Civil and Administrative Tribunal (NCAT) that the applicant was subject to an assessment requirement within the meaning of s 14 of the Child Protection (Working with Children) Act 2012 (NSW). (b) Her Honour erred in law in holding that NCAT applied the correct statutory test in determining that the applicant posed a risk to the safety of children. 2. Direct the applicant to file an amended notice of appeal within seven days limited to the grounds stated in Order 1. 3. The costs of the application for leave to appeal are costs in the cause. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW), ss 5(1), 6, 8(1), 13(1), 14, 18(1), 18(2), 27(1), Sch 1 cl 1, Sch 2 cl 1 Children and Young Persons (Care and Protection) Act 1998 (NSW), s 178 Civil and Administrative Tribunal Act 2013 (NSW), s 83(1) Crimes Act 1900 (NSW), ss 61I, 61J, 61N Supreme Court Act 1970 (NSW), s 101(2)(r) Cases Cited: BVI v Children's Guardian [2015] NSWCATAD 246 CJT v Office of the Children's Guardian [2016] NSWSC 738 Clyne v The New South Wales Bar Association (1960) 104 CLR 186; [1960] HCA 40 Re DG and the Adoption Act [2007] NSWCA 241; 244 ALR 195 Category: Principal judgment Parties: CJT (Applicant) Office of the Children's Guardian (Respondent) Representation: Counsel: Applicant represented by Dr R Della-Bosca acting as his agent Ms GF Mahony (Respondent)