FCM v Children’s Guardian [2023] NSWCATAD 35

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FCM v Children's Guardian [2023] NSWCATAD 35 Hearing dates: 30 May 2022 Date of orders: 10 February 2023 Decision date: 10 February 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: L Rogers, Senior Member Emeritus Prof P Foreman AM, General Member Decision: (1) The decision of the Children's Guardian dated 26 August 2021 to refuse to grant FCM a Working with Children Check Clearance is set aside. (2) In substitution for that decision, the following decision is made: The Applicant is granted a Working with Children Check Clearance. Catchwords: ADMINISTRATIVE REVIEW – review under section 27 Child Protection (Working with Children) Act 2012 - Working with Children Check Clearance – Applicant found not guilty in criminal trial and other criminal charges not proceeded with - whether Applicant poses threat to safety of children Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Commission for Children and Young People v V [2002] NSWSC 949 Commissioner for Children and Young People v FZ [2011] NSWCA111 CXZ v Children's Guardian [2020] NSWCA 338 DAI v Children's Guardian [2017] NSWCATAD 308 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 M v M [1988] HCA 68 McDonald v Guardianship and Administration Board [1993] VicRp 36; [1993] VR 521 at [530] Minister for Immigration and Ethnic Affairs v Pochi [1980] FCA 85 Sullivan v Civil Aviation Authority (2014) [2014] FCAFC 93 Youssef v NSW Legal Services Commissioner [2020] NSWCATOD 85 Texts Cited: None cited Category: Principal judgment Parties: FCM (Applicant) Children's Guardian (Respondent) Representation: Counsel: A Chhabra & Dr T Waterhouse (Applicant) A Douglas-Baker (Respondent)