Secretary to the Department of Justice and Regulation v L L F (a Pseudonym) and Victorian Civil and Administrative Tribunal [2018] VSCA 155

ADMINISTRATIVE LAW
Judgment type: 
Victorian Court of Appeal
Judge(s): 
Beach JA, McLeish JA, Niall JA
Parties: 

Secretary to the Department of Justice and Regulation v L L F (a Pseudonym) and Victorian Civil and Administrative Tribunal

Judgment Date: 
18 June 2018
Catchwords: 

ADMINISTRATIVE LAW - Working with Children Act 2005 (Act) - Application for assessment notice - Application 'category A application' owing to convictions for rape - Secretary required to refuse category A applications - VCAT empowered to decide category A applications - VCAT jurisdiction dependent on rape convictions - Whether VCAT finding that offender did not perpetrate rapes inconsistent with rape convictions - Whether VCAT found convictions based on mere presence during rapes - Whether VCAT confined consideration of public interest to single factor - Working with Children Act 2005 ss 12(1)(e), 12(2), 26A(1), 26A(3), 26A(4), 26A(5) applied - Minister for Immigration and Multicultural Affairs v SRT (1999) 91 FCR 234 applied.

Citation: 
[2018] VSCA 155