EFN v Children’s Guardian [2021] NSWCATAD 100

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EFN v Children's Guardian [2021] NSWCATAD 100 Hearing dates: 9 October 2020; 3 March 2021 Date of orders: 26 April 2021 Decision date: 26 April 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: C Grant, Senior Member S Davison, General Member Decision: 1. The decision of the Children's Guardian dated 5 December 2019 to refuse to grant the applicant a working with children check clearance is set aside. 2. In substitution for that decision, the following decision is made; the applicant is granted a working with children check clearance. Catchwords: ADMINISTRATIVE LAW – child protection – working with children check clearance – applicant has a previous criminal history that involves offences of violence - assessments by forensic psychologist – appropriate treatment - assessment of evidence of applicant - whether applicant poses a risk to the safety of children Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibitive Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BHA v Children's Guardian [2014] NWCATAD 161 BJB v Children's Guardian (No. 2) [2014] NSWCATAD 164 BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 CHB v Children's Guardian (2016) NSWCATAD 214 CMA v Children's Guardian (2016) NSWCATAD 264 McDonald v Director General of Social Security (1984)1 FCR 354; 6 ALD 6 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] NSWlRComm 101 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No.2) (1981) 3 ALD 88 Smith v Commissioner Police 2014 NSWCATAD 184 ZZ v Secretary of the Department of Justice [2013] VSC 267. Category: Principal judgment Parties: EFN (Applicant) Children's Guardian (Respondent) Representation: Counsel: M Higgins (Respondent)