CLD v Children’s Guardian [2017] NSWSC 936

Supreme Court New South Wales

Medium Neutral Citation: CLD v Children's Guardian [2017] NSWSC 936 Hearing dates: 13 July 2017 Date of orders: 13 July 2017 Decision date: 13 July 2017 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW), on the ground specified in s 8(1)(e) of that Act, that: (a) the name and address of the plaintiff and any child referred to in the evidence before this Court or the New South Wales Civil and Administrative Decisions Tribunal (the Tribunal); and (b) the name and address of any other person whose publication would identify their names and addresses not be published without the leave of the Court. (2) Order that the plaintiff be referred to as CLD. (3) Allow the appeal. (4) Set aside the decision of the Tribunal recorded in CLD v Children's Guardian [2017] NSWCATAD 134. (5) Remit the proceedings to the Tribunal for determination by a differently constituted Tribunal. (6) Order the defendant to pay the plaintiff's costs in the agreed amount of $1,200. Catchwords: ADMINISTRATIVE LAW – administrative review –plaintiff challenged decision of defendant to cancel Working with Children clearance in Civil and Administrative Tribunal which confirmed decision – plaintiff requested opportunity to make further submissions if Tribunal intended to dismiss the application – notice not provided by Tribunal to plaintiff that it proposed to confirm the decision under review without hearing from the plaintiff – Tribunal failed to provide opportunity to the parties to be heard on the making of an order dispensing with a hearing and failed to make such an order as required by s 50 of the Civil and Administrative Tribunal Act 2013 (NSW) – HELD – decision of Tribunal vitiated by non-compliance with s 50 – matter remitted back to differently constituted Tribunal – satisfied that relief sought by consent ought be granted