EII v Children’s Guardian [2021] NSWCATAD 4

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EII v Children's Guardian [2021] NSWCATAD 4 Hearing dates: 22 December 2020 Date of orders: 8 January 2021 Decision date: 08 January 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member M Bolt, General Member Decision: The decision of the Children's Guardian made on 27 April 2020 is set aside and in substitution a decision is made that the Children's Guardian grant a Working with Children Check clearance to the applicant. Catchwords: ADMINISTRATIVE LAW – refusal of working with children check clearance – applicant charged with sexual offences as a teenager - acquitted of all charges – factors to be considered – correct and preferable decision Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Crimes Act 1900 (NSW) Cases Cited: BKE v Office of the Children's Guardian [2015] NSWSC 523 DAI v Children's Guardian [2018] NSWCATAD 308 Texts Cited: None Cited Category: Principal judgment Parties: EII (Applicant) Children's Guardian (Respondent) Representation: Counsel: V Hartstein (Respondent)

Solicitors: Barraclough Jones & Associates (Applicant) Crown Solicitor (Respondent) File Number(s): 2020/00144144 Publication restriction: With the exception of expert witnesses and officers of government agencies, the publication or broadcast of the name of any person mentioned in these proceedings is prohibited under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013.