DTS v Children’s Guardian [2020] NSWCATAD 167

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DTS v Children's Guardian [2020] NSWCATAD 167 Hearing dates: 12 September 2019 Date of orders: 02 July 2020 Decision date: 02 July 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member L Houlahan, Senior Member Decision: The decision of the respondent, made on 28 February 2019, to refuse the applicant's application for a working with children check clearance is affirmed. Catchwords: ADMINISTRATIVE LAW – refusal of an application for a working with children check clearance – allegations made by foster children in the day to day care of the applicant – whether circumstances surrounding the allegations give rise to a risk to safety of children – factors to be considered – correct and preferable decision Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Cases Cited: BFX v Children's Guardian [2014] NSWCATAD 115 BJB v NSW Office of the Children's Guardian (No 2) [2014] NSWCATAD 164 BKE v Office of the Children's Guardian & Anor [2015] NSWSC 523 Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 BSR v Office of the Children's Guardian [2015] NSWCADTAD 264 BVM v Children's Guardian [2016] NSWCATAD 65 Children's Guardian v BRL [2016] NSWSC 1206 Commissioner for Children and Young People v FZ [2011] NSWCA 11 CTM v Children's Guardian [2016] NSWCATAD 280, FZ v Commissioner for Children and Young People [2010] NSWSC 1144 Holbrook and Australian Postal Commission (1983) 5 ALN N46, [1983] AATA 40 Minister for Immigration and Ethnic Affairs v Pochi (1980) 4 ALD 139, (1980) 44 FLR 41, [1980] FCA 85 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 [2006] HCA 53; (2006) 231 CLR 1 ZZ v Secretary, Department of Justice [2013] VSC 267 Texts Cited: None cited Category: Principal judgment Parties: DTS (Applicant) Children's Guardian (Respondent) Representation: Counsel: L Andelman (Applicant) A Douglas-Baker (Respondent)