EKF v Children’s Guardian [2021] NSWCATAD 164

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EKF v Children's Guardian [2021] NSWCATAD 164 Hearing dates: 27 May 2021 Date of orders: 9 June 2021 Decision date: 09 June 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member R Royer, General Member Decision: (1) The decision of the Children's Guardian made on 17 July 2020 is set aside. (2) The Children's Guardian is to grant EKF a Working with Children Check Clearance forthwith. Catchwords: ADMINISTRATIVE LAW – child protection – working with children – risk assessment – circumstances of offence – s 27 Child Protection (Working with Children) Act 2012 Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibited Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Crimes Act 1900 (NSW) Cases Cited: ADV v Commission for Children and Young People [2012] NSWADT 8 BJB v The Children's Guardian (No. 2) [2014] NSWCATAD 164 BKE v Children's Guardian [2015] NSWSC 523 CHB v Children's Guardian [2016] NSWCATAD 214 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 Commissioner for Children and Young People v FZ [2011] NSWCA 111 CXZ v Children's Guardian [2020] NSWCA 338 CYY v Children's Guardian (No. 2) [2017] NSWCATAD 262 EKF v Children's Guardian [2020] NSWCATD 301 PJR v Secretary to the Department of Justice (Occupational and Business regulation) [2006] VCAT 2455 R v Commission for Children and Young People [2002] NSWIRComm 101 Smith v Commissioner of Police [2014] NSWCATAD 184 ZZ v Secretary of the Department of Justice [2013] VSC 267 Category: Principal judgment Parties: EKF (Applicant) Children's Guardian (Respondent) Representation: Counsel: V Hartstein (Applicant) E Graham (Respondent)