EQW v The Children’s Guardian [2021] NSWCATAD 376

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EQW v The Children's Guardian [2021] NSWCATAD 376 Hearing dates: 7 October 2021 Date of orders: 21 December 2021 Decision date: 21 December 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: A Starke, Senior Member M Bolt, General Member Decision: (1) The decision of the Children's Guardian dated 29 April 2021 to refuse to grant the applicant a working with children check clearance is set aside. (2) In substitution of that decision, the applicant is granted a working with children check clearance. Catchwords: ADMINISTRATIVE LAW — Application for review under s 27 of Child Protection (Working with Children) Act 2012 — untested allegations of child sexual assault — witnesses not made available for cross-examination — whether the applicant poses a risk to the safety of children — the correct and preferable decision Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BHY v Children's Guardian [2015] NSWCATAD 91 BJB v NSW Office of the Children's Guardian (No 2) [2014] NSWCATAD 164 BKE v Office of Children's Guardian [2015] NSWSC 523 Briginshaw v Briginshaw (1938) 60 CLR 336 CGB v Children's Guardian [2018] NSWSC 76 CHB v Children's Guardian [2016] NSWCATAD 214 Children's Guardian v BRL [2016] NSWSC 1206 Children's Guardian v CKF [2017] NSWSC 893 Commission for Children and Young People v FZ [2011] NSWCA 111 Commission for Children and Young People v V [2002] NSWSC 949 CRG v Children's Guardian [2017] NSWCATAD 295 CTE v Children's Guardian [2018] NSWCATAD 28 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 Drake v Minister of Immigration & Ethnic Affairs (1970) 2 ALD 60 DYH v Public Guardian [2021] NSWCATAD 136 McDonald v Guardianship and Administration Board [1993] VR 521 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449 Office of the Children's Guardian v CFW [2016] NSWSC 1406 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No. 2 ) (1981) 3 ALD 88 Smith v Commissioner of Police [2014] NSWCATAD 184 The Commissioner for Children and Young People v IK [2005] NSWSC 1136 Tilley v Children's Guardian [2017] NSWCA 174 VQB v The Secretary to the Department of Justice (Review and Regulation) [2013] VCAT 789 YG and GG v Minister for Community Services [2002] NSWCA 247 ZZ v Secretary, Department of Justice [2013] VSC 267 Category: Principal judgment Parties: EQW (Applicant) Children's Guardian (Respondent) Representation: Counsel: V A Hartstein (Applicant)