FKZ v Children’s Guardian [2023] NSWCATAD 169

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FKZ v Children's Guardian [2023] NSWCATAD 169 Hearing dates: 29 and 30 March 2023 Date of orders: 28 June 2023 Decision date: 28 June 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: A Starke, Senior Member P Foreman, General Member Decision: The decision of the Children's Guardian dated 5 April 2022 to refuse to grant the applicant a working with children check clearance 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 indecent assault of a person under 16 years of age and charged but not convicted of five counts of common assault — Complainant with moderate intellectual disability found to be a credible witness in criminal proceedings however the evidence weighed as a whole was insufficient to eliminate all reasonable doubt as to the guilt of the Applicant — Whether the applicant poses a risk to the safety of children. 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) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BHY v Children's Guardian [2015] NSWCATAD 91 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 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: FKZ (Applicant) Children's Guardian (Respondent) Representation: Counsel: A Gotting (Applicant) A Zheng (Respondent)