DJY v Children’s Guardian [2023] NSWCATAD 241

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DJY v Children's Guardian [2023] NSWCATAD 241 Hearing dates: 15 May 2023 Date of orders: 12 September 2023 Decision date: 12 September 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: E Bishop SC, Senior Member E Hayes, General Member Decision: The decision of the Children's Guardian is affirmed. Catchwords: ADMINISTRATIVE LAW — child protection — working with children — cancellation of working with children clearance — breach of interim bar — inappropriate conduct with employees and student —failure to rebut presumption that applicant is a risk of harm to children Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW), ss 3, 4, 5B, 6, 8, 15, 17, 23, 28(7), 30 Cases Cited: BKE v Children's Guardian [2015] NSWSC 523. Commission for Children and Young People v V (2002) 56 NSWLR 476; [2002] NSWSC 949 Commissioner for Children and Young People v FZ [2011] NSWCA 111 CRG v Children's Guardian [2017] NSWCATAD 295 CSW v Children's Guardian [2017] NSWCATAD 326 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 Secretary, Department of Justice v LMB [2012] VSCA 143 VQB v The Secretary to the Department of Justice [2013] VCAT 789 Texts Cited: None Cited Category: Principal judgment Parties: DJY (Applicant) Office of the Children's Guardian (Respondent) Representation: Counsel: E Jones (Respondent)