EFY v Children’s Guardian [2020] NSWCATAD 178

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EFY v Children's Guardian [2020] NSWCATAD 178 Hearing dates: On the papers Date of orders: 9 July 2020 Decision date: 09 July 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: E Connor, Senior Member S Davison, General Member Decision: The proceedings are dismissed pursuant to section 55 (1) (b) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: ADMINISTRATIVE LAW - Child Protection - Cancellation of Working with Children Check clearance - Whether applicant is entitled to seek further review - Whether refusal of Children's Guardian to allow early application constitutes refusal of clearance – Application of section 66(1) of Administrative Decisions Review Act 1997 on embargo provision Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Ombudsman Act 1974 (NSW) Cases Cited: CFJ v Children's Guardian [2016] NSWCATAD 62 CFJ v Office of the Children's Guardian [2016] NSWSC 1625 ECJ v Children's Guardian [2020] NSWCATAD 28 Category: Principal judgment Parties: EFY (Applicant) Children's Guardian (Respondent) Representation: Counsel: P Singleton (Respondent)

Solicitors: Applicant (Self Represented) Crown Solicitor (Respondent) File Number(s): 2020/00078317 Publication restriction: Section 64(1) Civil and Administrative Tribunal Act 2013. Restriction on publication of information that will identify the applicant, any children, or victims and evidence given and received in the Tribunal hearing or in relation to the proceedings which is likely to identify those persons without leave of the Tribunal.