CFJ v Children’s Guardian (No 3) [2022] NSWCATAD 124

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CFJ v Children's Guardian (No 3) [2022] NSWCATAD 124 Hearing dates: 10 March 2022 Date of orders: 14 April 2022 Decision date: 14 April 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: A Starke, Senior Member M Bolt, General Member Decision: The decision of the Children's Guardian dated 8 October 2021 to refuse to grant the applicant a working with children check clearance is affirmed. Catchwords: ADMINISTRATIVE LAW — Application for review under s 27 of Child Protection (Working with Children) Act 2012 — risk assessment by respondent due to notification of concern from the NSW Ombudsman — 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 Young Persons (Care and Protection) Act 1998 (NSW) Children's Guardian Act 2019 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Criminal Code Act 1995 (Cth) Ombudsman Act 1974 (NSW) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] BFX v Children's Guardian [2014] NSWCATAD 115 BGX v Children's Guardian [2014] NSWCATAD 173 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 CFJ v Children's Guardian [2016] NSWCATAD 62 CFJ v Office of the Children's Guardian [2016] NSWSC 1625 CHB v Children's Guardian [2016] NSWCATAD 214 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 Commissioner for Children and Young People v IK [2005] NSESC 1136 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 ECJ v Children's Guardian [2020] NSWCATAD 28 EMF v Cessnock City Council [2021] NSWCATAP 234 ICM Agriculture Pty Ltd v Commonwealth (2009) 240 CLR 162 McDonald v Guardianship and Administration Board [1993] VR 521 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 & GG v Minister for Community Services [2002] NSWCA 247 ZZ v Secretary, Department of Justice [2013] VSC 267 Category: Principal judgment Parties: CFJ (Applicant) Children's Guardian (Respondent) Representation: Counsel: A Douglas-Baker (Respondent)