EMN v Children’s Guardian [2022] NSWCATAD 210

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EMN v Children's Guardian [2022] NSWCATAD 210 Hearing dates: 3 June, 27 August, 10 September, 17 December 2021 Date of orders: 22 June 2022 Decision date: 22 June 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member L Porter, Senior Member Decision: The decision of the respondent dated 5 November 2020 to cancel the applicant's working with children check clearance is affirmed. Catchwords: WORKING WITH CHILDREN CHECK CLEARANCE – no real and appreciable risk to the safety of children – reasonable person would not allow direct, unsupervised contact with their children - teacher-student relationship - professional boundaries crossed. Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Crimes Act 1900 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: BKE v Office of Children's Guardian [2015] NSWSC 523 Children's Guardian v BLF [2016] NSWSC 1206 Children's Guardian v CKF [2017] NSWSC 893 VQB v The Secretary to the Department of Justice [2013] VCAT 789 Texts Cited: None cited Category: Principal judgment Parties: EMN (Applicant) Children's Guardian (Respondent) Representation: Counsel: I Fraser (Respondent)

Solicitors: I Collins (Applicant) File Number(s): 2020/00327281 Publication restriction: With the exception of expert witnesses and officers of government agencies, the publication or broadcast of the name of any person mentioned in these proceedings or referred to in the documentary material lodged in these proceedings including mandatory reporters or risk of harm reporters is prohibited. This order is made under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013. Note: a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person