DKG v Commissioner of Police [2019] NSWSC 523

Supreme Court New South Wales

Medium Neutral Citation: DKG v Commissioner of Police [2019] NSWSC 523 Hearing dates: 24 April 2019 Date of orders: 10 May 2019 Decision date: 10 May 2019 Jurisdiction: Common Law Before: Fagan J Decision: (1) Pursuant to s7 of the Court Suppression and Non-publication Orders Act 2010 publication is prohibited of the name of the plaintiff in these proceedings and of any information that might tend to reveal his identity as the plaintiff. (2) The plaintiff's notice of motion filed 7 December 2018, in its amended form as relied upon by the plaintiff at the hearing on 24 April 2019, is dismissed. (3) The plaintiff's amended summons filed 24 September 2018 is dismissed. Catchwords: CRIME — appeals — appeal against conviction and sentence in Local Court — application for leave to appeal – where application made following out of time appeal to District Court – appeal of decision of Local Court incompetent – appeal dismissed – registration, reporting and like matters — child protection register — application for permission for registered person to leave Australia — competent authority to permit person to leave Australia — definition of "competent authority" ADMINISTRATIVE LAW — Judicial review — Reviewable decisions — Decisions to which judicial review legislation applies — decisions under an enactment — application for permission for a person on a child protection offender register to leave Australia — whether Supreme Court has jurisdiction to hear proceedings for judicial review of decision relating to permission — Criminal Code (Cth), s 271A.1(3) WORDS AND PHRASES – "competent authority" – Australian Passports Act 2005 (Cth) s 12 and Criminal Code Act 1995 (Cth) s 271A.1(3)(a) – competent authority in NSW is NSW Commissioner for Police Legislation Cited: Administrative Decisions (Judicial Review) Act 1977 (Cth) Australian Passports Act 2005 (Cth) Child Protection (Registration of Offenders) Act 2000 Child Sex Offenders Registration Act 2006 (SA) Court Suppression and Non-publication Orders Act 2010 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Criminal Code Act 1995 (Cth) Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) Supreme Court Rules 1970 Cases Cited: Ammouche v Chief Commissioner of Police [2018] FCA 1703 Devitt v Ross [2018] NSWSC 1675 Griffith University v Tang (2005) 221 CLR 99; [2005] HCA 7 Mentink v Commissioner for Queensland Police [2018] QSC 151 Nand v Director of Public Prosecutions (NSW) [2016] NSWSC 85 R v LAL [2018] QCA 179 Wishart v Fraser (1941) 64 CLR 470; HCA 8 Zaharis v The Commissioner of Police [2018] SASC 143 Category: Principal judgment Parties: DKG (plaintiff) Commissioner of Police (first defendant) The Childrens Guardian (second defendant) Representation: Counsel: N/A (plaintiff) P Singleton (first and second defendants) H Langley (Director of Public Prosecutions) Solicitors: DKG (plaintiff in person) Crown Solicitors Office (first and second defendants) Solicitor for the Director of Public Prosecutions File Number(s): 2018/275293 Publication restriction: No