EFZ v Children’s Guardian [2022] NSWCATAD 10

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EFZ v Children's Guardian [2022] NSWCATAD 10 Hearing dates: 2 July 2021 and final submissions 2 August 2021 Date of orders: 12 January 2022 Decision date: 12 January 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: L Organ, Senior Member Emeritus Professor P Foreman AM, General Member Decision: (1) The decision of the respondent, made on 12 February 2020, to refuse the applicant's application for a working with children check clearance is set aside. (2) In substitution for that decision a decision is made to grant the applicant with a working with children check clearance. Catchwords: ADMINISTRATIVE LAW - refusal of working with children check clearance – applicant charged with intent to cause grievous bodily harm – found not guilty by reason of mental illness - factors to be considered – correct and preferable decision Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Child Protection (Working with Children) Amendment (Statutory Review) Act 2018 (NSW) Child Protection (Working with Children) Regulation 2013 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BJB v NSW Office of the Children's Guardian (No 2) [2014] NSWCATAD BKE v Office of the Children's Guardian [2015] NSWSC 523 Commission for Children and Young People v V [2002] NSWSC 949; (2002) 56 NSWLR 476 Commissioner for Children and Young People v FZ [2011] NSWCA 111 Category: Principal judgment Parties: EFZ (Applicant) Children's Guardian (Respondent) Representation: Counsel: M Higgins (Respondent)