FSM v Children’s Guardian [2024] NSWCATAD 74

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FSM v Children's Guardian [2024] NSWCATAD 74 Hearing dates: 1 November 2023 Date of orders: 21 March 2024 Decision date: 21 March 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member (Legal) Prof P J Foreman AM General Member (Community) Decision: (1) The decision of the respondent dated 8 February 2023 to refuse the applicant's Working With Children Check Clearance is affirmed. (2) The application is dismissed. Catchwords: ADMINISTRATIVE LAW – child protection – working with children – risk to children whether risk real and appreciable– allegations – circumstances of allegations – insight - balance of probabilities- whether necessary to make positive findings on all matters – weight of evidence of risk – current risk –– future risk – evidence of behaviour that caused harm to children Legislation Cited: Administrative Decisions Review Act 1997 Children and Young Persons (Care and Protection) Act 1998 Child Protection (Prohibited Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999 Evidence Act 1995 Mental Health Forensic Provisions Act 1990 (Repealed) Cases Cited: ADV v Commission for Children and Young People [2012] NSWADT 8 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BFC v The Children's Guardian [2014] NSWCATAD 90 BFX v Children's Guardian [2014] NSWCATAD 115 BJB v Office of the Children's Guardian [2014] NSWCATAD 111 BJB v The Children's Guardian (No. 2) [2014] NSWCATAD 164 BKE v Children's Guardian [2015] NSWSC 523 Briginshaw v Briginshaw [1938] HCA 34: 60 CLR 336 Children's Guardian v CFW [2016] NSWSC 1406 Children's Guardian v CKF [2017] NSWSC 893 Children's Guardian v CXZ [2019] NSWSC 1083 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 Commissioner for Children and Young People v FZ [2011] NSWCA 111 CXZ v Children's Guardian [2020] NSWCA 338 Jones v Dunkel [1959] HCA 8 M v M (1988) 166 CLR (HCA) Office of the Children's Guardian v CFW [2016] NSWSC 1406 R v Commission for Children and Young People [2002] NSWIRComm 101 Re: Control Investments Pty Ltd v Australian Broadcasting Tribunal (No. 2) (1981) 3 ALD 88. Texts Cited: None Cited Category: Principal judgment Parties: FSM (Applicant) Children's Guardian (Respondent) Representation: Applicant (Self-Represented) Crown Solicitor (Respondent) File Number(s): 2023/00048146 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the Tribunal restricts disclosure of the name of the applicant, any children, victims, or of evidence given and received in the Tribunal hearing or in relation to the proceedings which is likely to identify those persons, or any risk of harm reporter or any non-expert witness.