ERC v Office of the Children’s Guardian [2022] NSWCATAD 53

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ERC v Office of the Children's Guardian [2022] NSWCATAD 53 Hearing dates: 16 November 2021 Date of orders: 18 February 2022 Decision date: 18 February 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: E Bishop, Senior Member L Porter, General Member Decision: (1) The decision of the Children's Guardian made on 29 April 2021 to cancel a Working with Children Clearance is set aside. (2) The Children's Guardian is to grant ERC a Working with Children Check Clearance forthwith. Catchwords: ADMINISTRATIVE LAW — child protection — working with children — risk assessment — cancellation of clearance — charges of assaulting child dismissed by court — review under s 27 Child Protection (Working with Children) Act 2012 (NSW) — whether applicant poses risk to safety of children — would a reasonable person allow unsupervised access to their own child in context of child related work Legislation Cited: Administrative Decisions Review Act 1997 (NSW), s 63 Child Protection (Working with Children) Act 2012 (NSW), ss 3, 4, 15, 23, 27(2), 30, Sch 1 Civil and Administrative Tribunal Act 2013 (NSW), s 64 Crimes Act 1900 (NSW), s 61 Cases Cited: BKE v Office of Children's Guardian [2015] NSWSC 523 Commission for Children and Young People v V (2002) 56 NSWLR 476; [2002] NSWSC 949 Commissioner for Children and Young People v FZ [2011] NSWCA 111 Control Investments Pty Ltd and Australian Broadcasting Tribunal (No 2), Re (1981) 3 ALD 88 CRG v Children's Guardian [2017] NSWCATAD 295 CXZ v Children's Guardian [2020] NSWCA 338 DAI v Children's Guardian [2017] NSWCATAD 308 Secretary, Department of Justice v LMB; Secretary, Department of Justice v PMY [2012] VSCA 143 VQB v The Secretary to the Department of Justice [2013] VCAT 789 Category: Principal judgment Parties: ERC (Applicant) Office of the Children's Guardian (Respondent) Representation: Counsel: D Allen (Applicant) VA Hartstein (Respondent)