FVE v Children’s Guardian [2024] NSWCATAD 192

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FVE v Children's Guardian [2024] NSWCATAD 192 Hearing dates: 26 February 2024 Date of orders: 15 July 2024 Decision date: 15 July 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member M Maher, General Member Decision: (1) The decision of the respondent dated 13 April 2023 to refuse the applicant's Working with Children Check Clearance is affirmed. (2) The application is otherwise 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 - whether sufficient time to rehabilitate – risk elevating factors 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Act 1997 Children and Young Persons (Care and Protection) Act 1998 Child Protection (Prohibited Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2012 Child Protection (Working with Children) Regulation 2013 Civil and Administrative Tribunal Act 2013 Crimes Act 1900 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 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 CXZ v Children's Guardian [2020] NSWCA 338 M v M (1988) 166 CLR (HCA) 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: None Category: Principal judgment Parties: FVE (Applicant) Children's Guardian (Respondent) Representation: Solicitors: