FHZ v Children’s Guardian [2022] NSWCATAD 320

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FHZ v Children's Guardian [2022] NSWCATAD 320 Hearing dates: 24 August 2022 Date of orders: 30 September 2022 Decision date: 30 September 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: L Andelman, Senior Member A Limbury, General Member Decision: 1. The decision of the Children's Guardian on 25 February 2022 to refuse the Applicant's Working with Children Check Clearance is affirmed. 2. 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 is prohibited. This order is made under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013. 3. It is noted that 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. Catchwords: ADMINISTRATIVE LAW - working with children check clearance – assessment of risk – evidence from applicant as to possibility of engaging in the conduct alleged – lack of objective evidence - likelihood of any repetition of the conduct - reasonable person would not allow direct, unsupervised contact with their children. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Child Protection (Working with Children) Act 2012 Cases Cited: BKE v Office of Children's Guardian [2015] NSWSC 523 Commissioner for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 CXZ v Children's Guardian [2020] NSWCA 338 Office of the Children's Guardian v DVR [2022] NSWSC 1036 ZZ v Secretary to the Department of Justice [2013] VSC 267 Texts Cited: None cited Category: Principal judgment Parties: FHZ (Applicant) Children's Guardian (Respondent) Representation: Counsel: Pietriche, R (Respondent)