GDY v Children’s Guardian [2024] NSWCATAD 239

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GDY v Children's Guardian [2024] NSWCATAD 239 Hearing dates: On the papers (Submissions closed 27 June 2024) Date of orders: 14 August 2024 Decision date: 13 August 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member (Legal) E Hayes General Member (Community) Decision: The application is dismissed. Catchwords: ADMINISTRATIVE LAW – child protection – working with children – risk to children whether risk real and appreciable – interim bar – basis for risk assessment – weighing evidence – veracity of allegations – testing of evidence – jurisdiction – moot 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Act 1997 Children and Young Persons (Care and Protection) Act 1998 Child Protection (Prohibited Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2012 Child Protection (Working with Children) Regulation 2013 Civil and Administrative Tribunal Act 2013 Crimes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 NSW Office of the Children's Guardian (No 2) 2014 NSWCATAD 164 BKE v Children's Guardian [2015] NSWSC 523 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 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 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: Nil Category: Principal judgment Parties: GDY (Applicant) Children's Guardian (Respondent) Representation: Solicitors: Self Represented (Applicant) Crown Solicitor (Respondent) File Number(s): 2024/00049826 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.