FHK v Children’s Guardian [2022] NSWCATAD 376

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FHK v Children's Guardian [2022] NSWCATAD 376 Hearing dates: 22 August 2022 Date of orders: 22 November 2022 Decision date: 22 November 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: L Andelman, Senior Member M Bolt, General Member Decision: 1. The decision of the Children's Guardian on 7 February 2022 to refuse the Applicant's Working with Children Check Clearance is set aside. 2. The Children's Guardian is to grant a Working with Children Check Clearance to the applicant. Catchwords: ADMINISTRATIVE LAW - working with children check clearance – assessment of risk 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 Briginshaw v Briginshaw (1938) 60 CLR 336 Children's Guardian v BRL [2016] NSWSC 1206 Commissioner for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 Commissioner for Children and Young Persons v FZ [2011] NSWCA 111 CXZ v Children's Guardian [2020] NSWCA 338 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; (2013) 230 FCR 431 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: FHK (Applicant) Children's Guardian (Respondent) Representation: Counsel: Lowe T (Applicant) Jones E (Respondent)