DVR v Children’s Guardian [2021] NSWCATAD 223

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DVR v Children's Guardian [2021] NSWCATAD 223 Hearing dates: 22 October, 11 December 2020 Date of orders: 30 July 2021 Decision date: 30 July 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member; L Houlahan, Senior Member Decision: 1. The decision of the respondent dated 18 April 2019 to cancel the applicant's working with children check clearance is set aside. 2. In substitution for this decision the following decision is made: the applicant is to be granted a working with children check clearance. Catchwords: ADMINISTRATIVE LAW — Working with children — Application for a working with children check clearance – Whether applicant poses a risk to the safety of children Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Child Protection (Working with Children) Regulation 2013 (NSW) Police Act 1990 (NSW) Cases Cited: CHB v Children's Guardian [2016] NSWCATAD 214 Children's Guardian v BRL [2016] NSWSC 1206 CSW v Children's Guardian [2017] NSWCATAD 326 CYY v Children's Guardian (No 2) [2017] NSWCATAD 262 DAR v Children's Guardian [2018] NSWSC 942 Mielczarek v Commissioner of Police, NSW Police Force (No 2) [2016] NSWCATAP 255; Secretary, Department of Justice v LMB; Secretary, Department of Justice v PMY [2012] VSCA 143 VQB v The Secretary to the Department of Justice [2013] VCAT 789 Texts Cited: Nil Category: Principal judgment Parties: DVR (Applicant) Children's Guardian (Respondent) Representation: Counsel: J Alderson (Applicant) M Higgins (Respondent)