EHM v Children’s Guardian [2021] NSWCATAD 205

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EHM v Children's Guardian [2021] NSWCATAD 205 Hearing dates: 16 March 2020 Date of orders: 15 July 2021 Decision date: 15 July 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: A Starke, Senior Member R Royer, General Member Decision: (1) The decision of the Children's Guardian dated 2 April 2020 to refuse to grant the applicant a working with children check clearance is affirmed. Catchwords: ADMINISTRATIVE LAW — application for review under s 27 of Child Protection (Working with Children) Act 2012 — where teacher acquitted of criminal charge alleging indecent assault of a female student under the age of 16 years — assessment of risk Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Child Protection (Working with Children) Regulation 2013 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BHY v Children's Guardian [2015] NSWCATAD 91 BJB v NSW Office of the Children's Guardian (No 2) [2014] NSWCATAD 164 BKE v Office of Children's Guardian [2015] NSWSC 523 Briginshaw v Briginshaw (1938) 60 CLR 366; [1938] HCA 34 CHB v Children's Guardian [2016] NSWCATAD 214 Category: Principal judgment Parties: EHM (Applicant) Children's Guardian (Respondent) Representation: Counsel: A Guy (Applicant) A Douglas-Baker (Respondent)