EQE v Children’s Guardian [2021] NSWCATAD 357

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EQE v Children's Guardian [2021] NSWCATAD 357 Hearing dates: 10 August 2021 Date of orders: 30 November 2021 Decision date: 30 November 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member M Bolt, General Member Decision: (1) The time for EQE to file an application to review the decision of the Children's Guardian made on 22 February 2021 is extended to 29 March 2021. (2) The decision of the Children's Guardian made on 22 February 2021 is set aside. (3) The Children's Guardian is to issue a Working With Children Check Clearance within 28 days from the date of publication of this decision. 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 (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Crimes Act 1900 (NSW) Crimes (Sentencing and Procedure) Act 1999 Cases Cited: ADV v Commission for Children and Young People [2012] NSWADT 8 BKE v Children's Guardian [2015] NSWSC 523 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 CTM v Children's Guardian [2016] NSWCATAD 280 CXZ v Children's Guardian [2020] NSWCA 338 CYY v Children's Guardian (No. 2) [2017] NSWCATAD 262 ZZ v Secretary of the Department of Justice [2013] VSC 267 Category: Principal judgment Parties: EQE (Applicant) Children's Guardian (Respondent) Representation: Counsel: Applicant – Self-represented Ms V Hartstein (Respondent) File Number(s): 2021/87260 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the Tribunal restricts disclosure of the name of the applicant, his victims or of evidence given and received in the Tribunal hearing or in relation to the proceedings which is likely to identify those persons.