Secretary to the Department of Justice and Community Safety v TXD

[2024] VSCA 169

Victorian Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review of tribunal decisions
3. › Jurisdictional error
4. › Failure to exercise review jurisdiction
5. › Exclusion of evidence by tribunal
6. › Whether excluded material was essential feature of or centrally important to valid exercise of statutory function
7. › Worker Screening Act 2020 (Vic), ss 65, 108
8. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), ss 97, 98, 102
1. Administrative Law
2. › Worker screening
3. › Working with children check
4. › WWC category C application
5. › Determination of unjustifiable risk to safety of children
6. › Mandatory considerations under s 65(2)
7. › Whether tribunal took into account irrelevant consideration
8. › Whether tribunal failed to take into account mandatory consideration
9. › Worker Screening Act 2020 (Vic), ss 64, 65, 108
1. Administrative Law
2. › Victorian Civil and Administrative Tribunal
3. › Appeals on questions of law
4. › Scope of appellate review
5. › Constraint on review of findings of fact
6. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 148

Quick Take

Challenges to VCAT evidentiary rulings in worker screening cases require demonstration that excluded material was an 'essential feature of' or 'centrally important to' the statutory function, not merely relevant; the probative limitations of the excluded material and the adequacy of other material before the Tribunal are critical factors.