EPP v Children’s Guardian [2022] NSWCATAD 61

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EPP v Children's Guardian [2022] NSWCATAD 61 Hearing dates: 22 November 2021 Date of orders: 25 February 2022 Decision date: 25 February 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: A Starke, Senior Member R Royer, General Member Decision: The decision of the Children's Guardian dated 10 February 2021 is affirmed. Catchwords: ADMINISTRATIVE LAW — Application for review under s 27 of Child Protection (Working with Children) Act 2012 — where allegations of grooming and sexual abuse of applicant's nephew resulted in charges that were ultimately withdrawn/dismissed — assessment of risk Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Child Protection (Working with Children) Regulation 2013 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (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 366 CHB v Children's Guardian [2016] NSWCATAD 214 Commission for Children and Young People v V [2002] NSWSC 949 CYY v Children's Guardian (No 2) [2017] NSWCATAD 262 CXZ v Children's Guardian [2020] NSWCA 338 Drake v Minister of Immigration & Ethnic Affairs (1970) 2 ALD 60 DYH v Public Guardian [2021] NSWCATAD 136 FBC v Children's Guardian [2021] NSWCATAD 286 McDonald v Guardianship and Administration Board [1993] VR 521 Smith v Commissioner of Police [2014] NSWCATAD 184 The Commissioner for Children and Young People v IK [ 2005] NSWSC 1136 YG and GG v Minister for Community Services [2002] NSWCA 247 ZZ v Secretary, Department of Justice [2013] VSC 267