FJL v The Children’s Guardian [2023] NSWCATAD 65

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FJL v The Children's Guardian [2023] NSWCATAD 65 Hearing dates: 30 November 2022 and 24 February 2023 Date of orders: 21 March 2023 Decision date: 21 March 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: A Starke, Senior Member K Stubbs, General Member Decision: (1) The decision of the Children's Guardian dated 26 September 2022 to refuse to grant the applicant a working with children check clearance is affirmed. (2) The decision of the Children's Guardian dated 11 November 2021 to impose an interim bar on the applicant is affirmed. Catchwords: ADMINISTRATIVE LAW — Application for review under s 27 of Child Protection (Working with Children) Act 2012 — Risk assessment by respondent due to Schedule 1 matters — Applicant charged but not convicted of various sexual assault offences — Whether the applicant poses a risk to the safety of children — Relevance of vulnerability of victims to assessment of risk 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) Criminal Code Act 1899 (Qld) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BHY v Children's Guardian [2015] NSWCATAD 91 BJB v NSW Office of the Children's Guardian (No 2) [2014] NSWCATAD 111 BKE v Office of Children's Guardian [2015] NSWSC 523 Briginshaw v Briginshaw (1938) 60 CLR 336 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 Commissioner for Children and Young People v FZ [2011] NSWCA 111 Commissioner for Children and Young People v IK [2005] NSWSC 1136 CRG v Children's Guardian [2017] NSWCATAD 295 CTE v Children's Guardian [2018] NSWCATAD 28 CXZ v Children's Guardian [2020] NSWCA 338 CYY v Children's Guardian (No 2) [2017] NSWCATAD 262 DAI v Children's Guardian [2017] NSWCATAD 308 Drake v Minister of Immigration & Ethnic Affairs (1970) 2 ALD 60 DYH v Public Guardian [2021] NSWCATAD 136 ICM Agriculture Pty Ltd v Commonwealth (2009) 240 CLR 162 McDonald v Guardianship and Administration Board [1993] VR 521 Office of the Children's Guardian v CFW [2016] NSWSC 1406 Smith v Commissioner of Police [2014] NSWCATAD 184 Tilley v Children's Guardian [2017] NSWCA 174 VQB v The Secretary to the Department of Justice (Review and Regulation) [2013] VCAT 789 YG & GG v Minister for Community Services [2002] NSWCA 247 ZZ v Secretary, Department of Justice [2013] VSC 267 Texts Cited: None cited Category: Principal judgment Parties: FJL (Applicant) Children's Guardian (Respondent) Representation: Counsel: A Zheng (Respondent)