DTW v Children’s Guardian [2020] NSWCATAD 146

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DTW v Children's Guardian [2020] NSWCATAD 146 Hearing dates: 30 January and 24 March 2020 Date of orders: 03 June 2020 Decision date: 03 June 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member R Royer, General Member Decision: (1) The decision under review is affirmed. (2) With the exception of expert witnesses, the publication or broadcast of the name of any person mentioned in these proceedings or referred to in the documentary material lodged in these proceedings is prohibited under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013. Catchwords: ADMINISTRATIVE LAW- child welfare – refusal of application for Working With Children Check Clearance - where applicant charged with sexual offences against child but acquitted - whether alleged conduct established on balance of probabilities – whether circumstances of the alleged offences give rise to possibility of abuse - whether a real and appreciable risk is posed by the applicant to the safety of children. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Cases Cited: BJB v The Children's Guardian (No. 2) [2014] NSWCATAD 164 BKE v Office of the Children's Guardian [2015] NSWSC 523 Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 Commission For Children and Young People v V [2002] NSWSC 949 LA v Commissioner for Children and Young People [2012] NSWSC 1454 M v M [1988] HCA 68; 166 CLR 69 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 67 ALJR 170 at 171 YG & GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: None cited Category: Principal judgment Parties: DTW (Applicant) Children's Guardian (Respondent) Representation: Counsel: K Dailly (Applicant) M Giacomo (Respondent)