EQE v Children’s Guardian [2023] NSWCATAD 11

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EQE v Children's Guardian [2023] NSWCATAD 11 Hearing dates: 29 August 2022 Date of orders: 16 January 2023 Decision date: 16 January 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member J Herberte, General Member Decision: The respondent's decision to refuse the applicant's application for a working with children check clearance is affirmed. Catchwords: ADMINISTRATIVE LAW – Child protection – Working with children – Whether applicant poses a risk to the safety of children – Where applicant found not guilty of criminal charges relating to sexual conduct with stepdaughter – Whether Tribunal affirmatively satisfied that alleged conduct occurred – Where applicant alleged to have physically and sexually abused his own children – Whether Tribunal is able to dismiss those allegations as groundless Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: CXZ v Children's Guardian [2020] NSWCA 338 EQE v Children's Guardian [2021] NSWCATAD 357 M v M (1988) 166 CLR 69; [1988] HCA 68 Office of the Children's Guardian v EQE [2022] NSWSC 871 Texts Cited: None Cited Category: Principal judgment Parties: EQE (Applicant) Children's Guardian (Respondent) Representation: Counsel: