EOV v Children's Guardian [2021] NSWCATAD 369

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EOV v Children's Guardian [2021] NSWCATAD 369 Hearing dates: 24 August 2021 and 29 October 2021 Date of orders: 13 December 2021 Decision date: 13 December 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: EM Connor, Senior Member Emeritus Professor P Foreman, General Member Decision: 1 The decision of the Children's Guardian to cancel the applicant's Working with Children Check clearance is set aside. 2 In substitution of that decision, the following decision is made: the applicant is to be granted a Working with Children Check Clearance. Catchwords: CHILD PROTECTION – working with children clearance – domestic violence – cultural issues – assessment of risk Legislation Cited: Administrative Decisions Review Act 1997(NSW) Child Protection (Working with Children) Act 2012 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: BQU v Children's Guardian [2015] NSWCATAD 121 BSR v Children's Guardian [2015] NSWCATAD 264 41 Children's Guardian v CFK [2017] NSWSC 893 Commission for Children and Young People v FZ [2011] NSWCA at 111 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No 2) [1981] 3 ALD 88 YG & GG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: EOV (Applicant) Children's Guardian (Respondent) Representation: Counsel: E Graham (Respondent)