DJS v Children's Guardian [2018] NSWCATAD 71

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DJS v Children's Guardian [2018] NSWCATAD 71 Hearing dates: 15 March 2018 Date of orders: 15 March 2018 Decision date: 27 March 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: M Anderson, Senior Member Decision: 1. The application for a stay of the operation of the decision under review is granted. Catchwords: ADMINISTRATIVE LAW-review under section 27 Child Protection (Working with Children) Act 2012 (NSW)-where cancellation of working with children check clearance- where application for a stay of the decision while review application is to be heard later – where paramount concern is protecting children from child abuse – whether to grant an interim stay under section 60, 61, 62 Administrative Decisions Review Act 1997 (NSW) – where the applicant is a medical practitioner and is permitted to practice medicine and has done so for the last 23 years – where applicant was convicted of manslaughter 30 years ago - where factors to consider on stay application favour granting a stay. Legislation Cited: Administrative Decisions Review Act 1997(NSW) Child Protection (Working with Children) Act 2012 (NSW) Child Protection (Working with Children) Regulation 2013 (NSW) Children and Young Persons (Care and Protection) Act 1998(NSW) Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Interpretation Act 1987 (NSW) Cases Cited: 1st Fleet Pty Ltd v Australian Co-Operative Foods Ltd [2006] NSWSC 881 4 AHJ v NSW Trustee and Guardian [2011] NSWADT 311 AHV v NSW Commission for Children and Young People [2012] NSWADT 263 ALH Group Pty Ltd v Dicey's Toowong Pty Ltd [2003] 2 QdR 1 AVS Group of Companies Pty Ltd v Commissioner of Police [2010] NSWCA 81; 78 NSWLR 302 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BCS v NSW Civil & Administrative Tribunal [2015] NSWSC 126 Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 BFX v Children's Guardian [2014] NSWCATAD 115 BJB v NSW Office of the Children's Guardian [2014] NSWCATAD 111 BJB v NSW Office of the Children's Guardian (No 2) [2014] NSWCATAD 164 BKE v Office of the Children's Guardian [2015] NSWSC 523 BKV v Children's Guardian [2015] NSWCATAD 65 BKV v Children's Guardian [2015] NSWSC 1602 Bowen-James v Delegate of Director-General of Department of Health (1992) 27 NSWLR 457 BPA v Children's Guardian [2015] NSWCATAD 36 Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 Bronze Wing Ammunition Pty Limited v SafeWork NSW (No 2) [2016] NSWSC 988 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 BYR v Children's Guardian [2013] NSWADT 310 Carr v Simnovic (1980) 26 SASR 263 Castlemaine Tooheys Limited v South Australia [1986] HCA 58 CJT v Office of the Children's Guardian [2016] NSWSC 738 CLD v Children's Guardian [2017] NSWCATAD 134 Collector of Customs (Tas) v Flinders Island Community Association (1985) 7 FCR 205 Commission for Children and Young People v FZ [2011] NSWCA 111 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 Elgammal V Director General, Department of Transport [1999] NSWADT 82 Hall v New South Wales Trotting Club Ltd [1977] 1 NSWLR 378 Karakatsanis v Racing Victoria Ltd [2013] VSCA 305; (2013) 42 VR 176 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32 LA v Commissioner for Children and Young People [2012] NSWSC 1454 M v M [1988] HCA 68; 166 CLR 69 Maloney v New South Wales National Coursing Association Ltd [1978] 1 NSWLR 161 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 (2006) 231 CLR 1 New South Wales Bar Association v Muirhead (1988) 14 NSWLR 173 New South Wales Bar Association v Stevens [2003] NSWCA 95. Polini v Gray (1879) 12 Ch D 438. R v Commission for Children and Young People [2002] NSWIR Comm 101 Re Sophie (No 2) [2009] NSWCA 89 Re XTWK and Australian Securities and Investments Commission (2007) 46 AAR 350 Roberts v Balancio (1987) 8 NSWLR 436 Secretary, Department of Justice v L M B; Secretary, Department of Justice v P M Y [2012] VSCA 143 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; 228 CLR 152 Ye v Commissioner for Fair Trading; Ucer Investments and Resources Management Pty Ltd v Commissioner for Fair Trading [2016] NSWCATAD 147 YG & GG v Minister for Community Services [2002] NSWCA 247 ZZ v Secretary, Department of Justice [2013] VSC 267 Category: Procedural and other rulings Parties: DJS (Applicant) Children's Guardian (Respondent) Representation: Counsel: R Mathur (Applicant) A Douglas-Baker (Respondent)