AYU v The Children’s Guardian [2021] NSWCATAD 48

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: AYU v The Children's Guardian [2021] NSWCATAD 48 Hearing dates: 17 November 2020 and 23 December 2020 Date of orders: 4 March 2021 Decision date: 04 March 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: A Starke, Senior Member Emeritus Professor P J Foreman AM, General Member Decision: (1) The decision of the Children's Guardian dated 27 September 2019 to refuse to grant the applicant a working with children check clearance is set aside. (2) Pursuant to s 28(1) of the Child Protection (Working with Children) Act 2012 (NSW), the applicant is not to be treated as a disqualified person for the purposes of the Act in respect of her conviction in 2002 for manslaughter. (3) Pursuant to s 28(6) of the Child Protection (Working with Children) Act 2012 (NSW), the Children's Guardian is to grant the applicant a working with children check clearance. Catchwords: ADMINISTRATIVE LAW — Application for enabling order under section 28 of Child Protection (Working with Children) Act 2012 Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: ASIC v Rich [2005] NSWSC 149 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BKE v Office of Children's Guardian [2015] NSWSC 523 CHB v Children's Guardian [2016] NSWCATAD 214 Category: Principal judgment Parties: AYU (Applicant) Children's Guardian (Respondent) Representation: Counsel: V Hartstein (Respondent)