DWE v Children’s Guardian [2021] NSWCATAD 296

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DWE v Children's Guardian [2021] NSWCATAD 296 Hearing dates: 11 August 2020 25 November 2021 Date of orders: 14 October 2021 Decision date: 14 October 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: E Connor, Senior Member (11 August 2020) S Higgins, Senior Member (25 November 2020) F Given, General Member (11 August and 25 November 2020) Decision: (1) The decision of the respondent, made on 3 April 2019, to cancel the applicant's working with children check 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 – Child protection – cancellation of working with children check clearance following a risk assessment by the respondent – whether the applicant poses a risk to the safety of children Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW)(Repealed) Cases Cited: BKE v Office of Children's Guardian [2015] NSWSC 523 BSR v NSW Children's Guardian [2015] NSWCADAD 264 CHB v Children's Guardian [2016] NSWCATAD 214 Commission for Children and Young People v V [2002] NSWSC 949 Commissioner for Children and Young People v FZ [2011] NSWCA 11 CYC v Children's Guardian (No 2) [2017] NSWCATAD 262 Holbrook and Australian Postal Commission (1983) 5 ALN N46 Office of the Children's Minister for Immigration and Ethnic Affairs v Pochi (1980) 4 ALD 139 Re Eckersley and Minister for Capital Territory (1979) 2 ALD 303 Smith v Commissioner of Police, NSW Police Force [2014] NSWCATAD 184 ZZ v Secretary, Department of Justice [2013] VSC 267 Category: Principal judgment Parties: DWE (Applicant) Children's Guardian (Respondent) Representation: Counsel: P Lowson (Respondent)