CXZ v Children’s Guardian [2020] NSWCA 338

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: CXZ v Children's Guardian [2020] NSWCA 338 Hearing dates: 12 May 2020 Date of orders: 17 December 2020 Decision date: 17 December 2020 Before: Basten JA at [1]; McCallum JA at [28]; Simpson AJA at [31] Decision: 1. Leave granted to appeal against the orders of 4 September 2019; 2. Appeal allowed; 3. Orders of the Supreme Court of 4 September 2019 set aside; 4. The respondent to pay the applicant's costs of these proceedings. Catchwords: APPEALS — Application for leave to appeal — principles to be applied in determining whether a person poses a risk to the safety of children under s 18 Child Protection (Working with Children) Act 2012 (NSW) – application of principles stated in M v M – whether allegations are to be assessed by three-step process – whether lingering doubt to count against applicant – whether Tribunal failed to consider accumulated weight of allegations – held, issue of principle raised – leave to appeal granted Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW), ss 3, 4, 6, 8, 12, 13, 14, 15, 17, 18, 20, 27, 30, 63 Children's Guardian Act 2019 (NSW), s 115 Civil and Administrative Tribunal Act 2013 (NSW), Sch 3 Family Law Act 1975 (Cth) Supreme Court Act 1970 (NSW), s 101(2)(r) Cases Cited: Applicant VEAL of 2002 v Minister for Immigration, Multicultural and Indigenous Affairs (2005) 225 CLR 88; [2005] HCA 72 Be Financial Pty Ltd atf Be Financial Operations Trust v Das [2012] NSWCA 164 BKE v Office of Children's Guardian [2015] NSWSC 523 Boughey v The Queen (1986) 161 CLR 10; [1986] HCA 29 BSR v Office of the Children's Guardian [2015] NSWCATAD 264 CFJ v Office of Children's Guardian [2016] NSWSC 1625 Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379; [1989] HCA 62 Children's Guardian v CKF [2017] NSWSC 893 Children's Guardian v CXZ [2019] NSWSC 1083 CXZ v Children's Guardian [2018] NSWCATAD 36 DAR v Children's Guardian [2018] NSWSC 942 DAO16 v Minister for Immigration and Border Protection (2018) 258 FCR 175; [2018] FCAFC 2 M v M (1988) 166 CLR 69; [1988] HCA 68 Malec v JC Hutton Pty Ltd (1990) 169 CLR 638 at 643; [1990] HCA 20 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559; [1997] HCA 22 Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220; [1999] FCA 719 Office of the Children's Guardian v CFW [2016] NSWSC 1406 The Age Company v Liu [2013] NSWCA 26 The Queen v Hillier (2007) 228 CLR 618; [2007] HCA 13 Tilley v Children's Guardian [2017] NSWCA 174 Category: Principal judgment Parties: CXZ (Applicant) Children's Guardian (Respondent) Representation: Counsel: C Webster SC/L Andelman (Applicant) P Singleton (Respondent)