EPW v Children’s Guardian [2021] NSWCATAD 207

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EPW v Children's Guardian [2021] NSWCATAD 207 Hearing dates: 10 June 2021 Date of orders: 14 July 2021 Decision date: 14 July 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: A Starke, Senior Member L Houlahan, General Member Decision: (1) The decision of the Children's Guardian dated 18 February 2021 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 March 2021 (which, on appeal, resulted in the applicant being found guilty but without proceeding to conviction) of the offence of one count of "Abandon/expose child under 7 cause danger of death" being a criminal offence under s 43 of the Crimes Act 1900. (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. (4) 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 or referred to in the documentary material lodged in these proceedings is prohibited, pursuant to section 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW). Note: a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person. Catchwords: ADMINISTRATIVE LAW - Working with children check clearance — Application for enabling order under s 28 of the Child Protection (Working with Children) Act 2012 Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Crimes Act 1913 (WA) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BKE v Office of the Children's Guardian & Anor [2015] NSWSC 523 Texts Cited: CHB v Children's Guardian [2016] NSWCATAD 214 Commission for Children and Young People v V [2002] NSWSC 949 CRG v Children's Guardian [2017] NSWCATAD 295 CXZ v Children's Guardian [2020] NSWCA 338 CYY v Children's Guardian (No. 2) [2017] NSWCATAD 262 DAI v Children's Guardian [2017] NSWCATAD 308 DCY v Children's Guardian [2019] NSWCATD 274 Secretary, Department of Justice v LMB [2012] VSCA 143 Smith v Commissioner of Police [2014] NSWCATAD 184 The Commissioner for Children and Young People v IK [2005] NSWSC 1136 VQB v The Secretary to the Department of Justice [2013] VCAT 789 ZZ v Secretary to the Department of Justice [2013] VSC 267 Category: Principal judgment Parties: EPW (Applicant) Children's Guardian (Respondent) Representation: Counsel: Stephen Lawrence (Applicant)