Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19:

1. The applicant, known as GXN, has applied for an extension of time to seek a review of the decision of the Children's Guardian (the respondent), dated 21 November 2023, to cancel his Working With Children Clearance Check (clearance) pursuant to Section 23(1) of the Child Protection (Working With Children) Act 2012 (the WWC Act).

2. The applicant filed his application for administrative review on 7 March 2025, which was 472 days after he was notified of the respondent's decision, which was 444 out of time.

3. The applicant did not provide a reasonable explanation for the delay. Accordingly, I dismissed his application for an extension of time and dismissed the proceedings.

Background

4. On 17 February 2016, the applicant was granted a clearance. However, on 29 June 2023, the respondent was notified of certain information about the applicant, which led to a risk assessment of the applicant being conducted.

5. On 3 August 2023, the respondent advised the applicant that he was subject to an interim bar, pursuant to Section 17(1) of the WWC Act, pending the risk assessment. He was advised that the respondent proposed to cancel his clearance.

6. On 21 November 2023, the respondent cancelled the applicant's clearance pursuant to Section 23(1) of the WWC Act.

7. The applicant did not file his application for administrative review for 472 days after being advised of the respondent's decision, which equates to being 444 days out of time.

8. On 3 April 2025, the Tribunal made orders under Section 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (the CAT Act) restricting, with certain exceptions, the publication or broadcast of the names of persons mentioned in these proceedings or in the documentary material.

9. On the same date, the Tribunal directed the applicant to provide to the Tribunal, and all other parties, his miscellaneous application seeking leave to extend time to proceed with the application by no later than 10 April 2025.

10. The respondent was directed to file any evidence and submissions in reply by 17 April 2025.

11. The applicant was directed to file evidence and submissions supporting his application for leave to extend time, by 24 April 2025.

12. The Tribunal determined, on that date, by consent, that the request to extend time to proceed with the application would be determined on the papers, without the need for a hearing, in accordance with Section 50(2) of the CAT Act.

13. On 8 April 2025, the applicant produced to the Tribunal a letter, dated 7 April 2025, a copy of the Court Order Notice, dated 25 July 2024 from the Local Court of NSW at Fairfield, an extract of the NSW Police Facts Sheet (four pages provided), dated 1 August 2023, and advice of Court result, dated 7 April 2025.

14. On 16 April 2025, the applicant filed his request for an extension of time to file his substantive application, in contravention of the directions made on 3 April 2025.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196e6ad9a1a2063cd0756da8)

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