FKT v Children’s Guardian [2023] NSWCATAD 22

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FKT v Children's Guardian [2023] NSWCATAD 22 Hearing dates: 26 September 2022 Date of orders: 27 January 2023 Decision date: 27 January 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member R Royer General Member Decision: (1) The time to lodge the application for Administrative Review is extended to 2 May 2022 pursuant to s 41 of the Civil and Administrative Tribunal Act 2013. (2) The decision of the respondent dated 16 March 2022 to refuse FKT's application for a Working With Children Check Clearance is affirmed. Catchwords: ADMINISTRATIVE LAW – child protection – working with children – risk to children whether risk real and appreciable– allegations – circumstances of allegations – weight of evidence - balance of probabilities- whether necessary to make positive findings on all matters – weight of evidence of risk – current risk – expert evidence – future risk – whether a reasonable person would allow person to work unsupervised with his or her child Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Child Protection (Prohibited Employment) Act 1998 (NSW) (Repealed) Child Protection (Working with Children) Act 2012 (NSW) Child Protection (Working with Children) Regulation 2013 Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 Cases Cited: ADV v Commission for Children and Young People [2012] NSWADT 8 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BFC v The Children's Guardian [2014] NSWCATAD 90 BFX v Children's Guardian [2014] NSWCATAD 115 BJB v Office of the Children's Guardian [2014] NSWCATAD 111 BJB v The Children's Guardian (No. 2) [2014] NSWCATAD 164 BKE v Children's Guardian [2015] NSWSC 523 Briginshaw v Briginshaw [1938] HCA 34: 60 CLR 336 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 CHB v Children's Guardian [2016] NSWCATAD 214 Children's Guardian v CKF [2017] NSWSC 893 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 Commissioner for Children and Young People v FZ [2011] NSWCA 111 CXZ v Children's Guardian [2020] NSWCA 338 DGZ v Children's Guardian [2022] NSWCATAD 250 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 M v M (1988) 166 CLR (HCA) Office of the Children's Guardian v CFW [2016] NSWSC 1406 PJR v Secretary to the Department of Justice (Occupational and Business regulation) [2006] VCAT 2455 R v Commission for Children and Young People [2002] NSWIRComm 101 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No. 2) (1981) 3 ALD 88. Texts Cited: Nil Category: Principal judgment Parties: FKT (Applicant) Children's Guardian (Respondent) Representation: Counsel: J Pen (Respondent)