FWJ v Children’s Guardian [2024] NSWCATAD 184

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FWJ v Children's Guardian [2024] NSWCATAD 184 Hearing dates: 8 and 9 February 2024 Date of orders: 05 July 2024 Decision date: 05 July 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: A Starke, Senior Member J Herberte, General Member Decision: The decision of the Children's Guardian dated 18 May 2023 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 triggered by Schedule 1 matter where the applicant was convicted in 2009 of an offence under s 228 of the Children and Young Persons (Care and Protection) Act 1998 (Neglect of child) after being implicated in the death of a 3 year old child in 2004 — Risk assessment also conducted due to seriousness of applicant's repeated domestic violence offences against several intimate partners including incidents where children were exposed to the applicant's violence and repeated breaches of Apprehended Domestic Violence Orders — Applicant recently convicted in 2022 for further domestic violence offence of assault occasioning actual bodily harm under s 59(1) of Crimes Act 1900 and sentenced to a Community Correction Order for 18 months expiring approximately 3 months beyond the date of hearing — 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) Children and Young Persons (Care and Protection) Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Domestic and Personal Violence) Act 2007 Crimes Act 1900 (NSW) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BFX v Children's Guardian [2014] NSWCATAD 115 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 Children's Guardian v BQJ [2016] NSWSC 869 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 Dennett & Santis [2021] FCCA 1584 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: FWJ (Applicant) Children's Guardian (Respondent) Representation: Counsel: P Lin (Applicant) G Bromwich, Solicitor Advocate, Crown Solicitor (Respondent)