DVR v Children’s Guardian [2023] NSWCATAD 240

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DVR v Children's Guardian [2023] NSWCATAD 240 Hearing dates: 21 April 2023; Further submissions filed by 30 May 2023 Date of orders: 5 September 2023 Decision date: 05 September 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy (Senior Member) Prof J Goodman-Delahunty (General Member) Decision: 1. The non-publication orders made on 6 June 2019 and 30 August 2022 are vacated. 2. The disclosure, by way of publication or broadcast, of the name of the applicant, any family member or former family member of the applicant, or any associate of the applicant, any child referred to in the evidence, and any victim or alleged victim of the applicant, is prohibited. 3. Parties have liberty to apply to vary Order 2 within 14 days of the date of these orders. 4. The decision of the Children's Guardian to refuse the applicant's application for a working with children check clearance is affirmed. Catchwords: CHILD PROTECTION – Refusal of application for working with children check clearance – Whether applicant poses a risk to the safety of children – Whether there is a possibility that applicant engaged in sexual conduct with children as alleged Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW) Legal Profession Uniform Conduct (Barristers) Rules 2015 (NSW) Cases Cited: Children's Guardian v BRL [2016] NSWSC 1206 Children's Guardian v CF1 [2020] NSWSC 1673 Children's Guardian v CXZ [2019] NSWSC 1083 CPO v Children's Guardian [2017] NSWCATAD 149 CVE v Children's Guardian (No. 2) [2017] NSWCATAD 371 CXZ v Children's Guardian [2020] NSWCA 338 Minister for Immigration & Multicultural Affairs v Wang [2003] HCA 11; (2003) 215 CLR 518 Office of the Children's Guardian v DVR [2022] NSWSC 1036 Texts Cited: Nil Category: Principal judgment Parties: DVR (Applicant) Children's Guardian (Respondent) Representation: Counsel: A Wilson (Applicant) M Higgins (Respondent)