EBV v Children’s Guardian [2020] NSWCATAD 180

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EBV v Children's Guardian [2020] NSWCATAD 180 Hearing dates: 11 May 2020 Date of orders: 15 July 2020 Decision date: 15 July 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: C A Mulvey, Senior Member Emeritus Professor P J Foreman AM, General Member Decision: (1) The decision of the Children's Guardian dated 18 September 2019 refusing to grant to the applicant a working with children check clearance is set aside. (2) The Children's Guardian shall forthwith issue a Working with Children Check Clearance to the applicant known in these proceedings as EBV. Catchwords: ADMINISTRATIVE LAW – review under section 27 Child Protection (Working with Children) Act 2012 (NSW) child protection – working with children – risk to children whether risk real and appreciable – would a reasonable person allow unsupervised access to their own child in context of child related work Legislation Cited: Administrative Decisions Review Act 1997(NSW) Child Protection (Working with Children) Act 2012 (NSW) Child Protection (Working with Children) Regulation 2013 (NSW) Children (Criminal Proceedings) Act 1987 Civil and Administrative Tribunal Rules 2014 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing) Procedure Act (NSW) 1999 Evidence Act 1995 (NSW) Working with Children Act 2005 (Vic) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BJB v Office of the Children's Guardian [2014] NSWCATAD 111 BKE v Office of the Children's Guardian [2015] NSWSC 523 Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 Children's Guardian v CFW [2016] NSWSC 1406 Children's Guardian v CKF [2017] NSWSC 893 Children's Guardian v CXZ [2019] NSWSC 1083 CKF v Children's Guardian [2017] NSWCATD 6 Commission for Children and Young People v FZ [2011] NSWCA 111 Commission for Children and Young People v [2002] NSWSC 949; 56 NSWLR 476 CTM v Children's Guardian [2016] NSWCATAD 280 CYY v Children's Guardian (No 2) [2017] NSWCATAD 262 DAR v Children's Guardian [2018] NSWSC 942 Drake v Minister for Immigration & Ethnic Affairs (1979) 24 ALR 577 McDonald v Director General of Social Security (1984)1 FCR 354; 6 ALD 6 M v M [1988] HCA 68; 166 CLR 69 Neat Holdings Pty Ltd v Karjan Holdings Pty Ltd [1992] HCA 66; (1992) 110 ALR 449 R v Commission for Children and Young People [2002] NSWIRComm 101 R v War Pensions Entitlement Appeal Tribunal; ex parte Bott [1933] HCA 30 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No. 2) (1981) 3 ALD 88. Smith v Commissioner of Police [2014] NSWCATAD 184 ZZ v Secretary of the Department of Justice [2013] VSC 267 Category: Principal judgment Parties: EBV (Applicant) Children's Guardian (respondent) Representation: Counsel: S Free SC (Applicant) J McDonald (Respondent)