FXT v The Children’s Guardian [2024] NSWCATAD 268

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FXT v The Children's Guardian [2024] NSWCATAD 268 Hearing dates: 7 February 2024 and 30 May 2024 Date of orders: 06 September 2024 Decision date: 06 September 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J Redfern PSM, Senior Member J Herberte, General Member Decision: The decision of the Respondent made on 6 July 2023 to refuse to grant the Applicant a working with children check clearance is affirmed. Catchwords: ADMINISTRATIVE LAW – Working with children –pattern of inappropriate conduct over many years as a teacher – allegations that the applicant engaged in boundary crossing behaviour – Where multiple workplace investigations found allegations sustained – Whether applicant poses a real and appreciable risk to the safety of children Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Children's Guardian Act 2019 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: AYU v NSW Office of Children's Guardian [2014] NSWCATAD 69 BJB v NSW Office of The Children's Guardian [2014] NSWCATAD 11 BKE v Office of The Children's Guardian [2015] NSWSC 523 Commission for Children and Young People v V [2002] NSWSC 949 CXZ v Children's Guardian [2020] NSWCA 338 Fitzwater v Fitzwater [2019] FamCAFC 251 Isles v Nielssen [2022] FedFCFamC1A 97 M v M [1988] HCA 68; (1988) 166 CLR 69 Tilley v Children's Guardian [2017] NSWCA 174 Texts Cited: Reportable Conduct fact sheets, published 20 February 2024, https://ocg.nsw.gov.au/organisations/reportable-conduct-scheme/reportable-conduct-fact-sheets Category: Principal judgment Parties: FXT, Applicant The Children's Guardian, Respondent Representation: FXT (self-represented) Counsel: A. Douglas-Baker (Respondent)