FXF v Children’s Guardian [2024] NSWCATAD 254

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FXF v Children's Guardian [2024] NSWCATAD 254 Hearing dates: 21 February 2024 Date of orders: 28 August 2024 Decision date: 28 August 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: A Starke, Senior Member P Foreman, General Member Decision: The decision of the Children's Guardian dated 11 July 2023 to refuse to grant the applicant a working with children check clearance is affirmed. Catchwords: ADMINISTRATIVE LAW — Application for review under s 27(1) of Child Protection (Working with Children) Act 2012 — Risk assessment triggered by Schedule 1 matter where, despite his conviction for indecent assault being quashed on appeal, the applicant was a person against whom criminal proceedings had previously been commenced for a charge of indecent assault of a person under 16 years of age pursuant to s 61M of the Crimes Act 1900 (NSW) — Allegations of sexual harassment of young teenage female students as well as allegations of inappropriate behaviours as a teacher including swearing at students and bullying and harassing of students — 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) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Teaching Service Act 1980 (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 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 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 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 (2006) 231 CLR 1; [2006] HCA 53 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: FXF (Applicant) Children's Guardian (Respondent) Representation: Counsel: A Zheng (Respondent)