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Court of Appeal dismisses an appeal of a decision of the High Court dismissing the appellant's challenge to a decision of the respondent - following the conclusion of a Fitness to Teach Inquiry - to refer the matter to the National Vetting Bureau, on the grounds: (a) that the trial judge was correct in concluding that the obligation to notify only arises when a bona fide concern has been formed by the scheduled organisation; and (b) the respondent had complied with its statutory obligations.
McGovern J (nem diss): Challenge to a decision of the respondent to refer a matter to the National Vetting Bureau - Section 19(1) of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 - interpretation of the words "as soon as may be" - delay in referring matter to the National Vetting Bureau - whether there was successive obligations at the end of each and any investigation enquiry or regulatory process to refer the matter to the National Vetting Bureau - whether a failure to report at each stage deprived the the respondent of the power to make a notification - students were unwilling to take part in the inquiry - part of the reason for the delay was the necessity to take legal advice - obligation to notify “as soon as may be” does not arise until a bona fide concern has been formed by the scheduled organisation - respondent complied with the statutory requirements - appeal dismissed.
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