FJU v Children’s Guardian [2024] NSWCATAD 90

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FJU v Children's Guardian [2024] NSWCATAD 90 Hearing dates: 15 May 2023, 3 August 2023 Submissions closed 15 November 2023 Date of orders: 05 April 2024 Decision date: 05 April 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member M Bolt, General Member Decision: (1) The decision of the respondent dated 4 June 2022 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 — weight of evidence of risk — current risk — expert evidence — future risk — whether sufficient time to rehabilitate — risk elevating factors Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Child Protection (Prohibited Employment) Act 1998 (Repealed) (NSW) Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Child Protection (Working with Children) Regulation 2013 (NSW) 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 NSW Office of the Children's Guardian [2014] NSWCATAD 111 BJB v NSW Office of the Children's Guardian (No 2) [2014] NSWCATAD 164 BKE v Office of Children's Guardian [2015] NSWSC 523 Children's Guardian v CKF [2017] NSWSC 893 Commissioner for Children and Young People v FZ [2011] NSWCA 111 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 M v M (1988) 166 CLR 69 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 Tilley v Children's Guardian [2017] NSWCA 174 Texts Cited: American Psychiatric Association, Diagnostic and Statistical Manual of Mental Orders: DSM-5 (5th ed, 2013, American Psychiatric Association) Category: Principal judgment Parties: FJU (Applicant) Children's Guardian (Respondent) Representation: Solicitors: Benjamin & Khoury Solicitors (Applicant) Crown Solicitor (Respondent) File Number(s): 2022/00198369 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.