Sunol v Children’s Guardian [2024] NSWCATAD 319

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sunol v Children's Guardian [2024] NSWCATAD 319 Hearing dates: 22 and 23 April 2024 Date of orders: 30 October 2024 and 25 November 2024 Decision date: 26 November 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: A Starke, Senior Member E Hayes, General Member Decision: (1) The decision of the Children's Guardian dated 3 August 2023 to refuse to grant the applicant a working with children check clearance is affirmed. (2) Pursuant to s 64(3) of the Civil and Administrative Tribunal Act 2013, order 2 in orders made on 23 April 2024 is varied to read as follows: "The disclosure of the name of any child contained in documents lodged with the Tribunal in these proceedings is prohibited pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013." (3) Pursuant to s 64(3) of the Civil and Administrative Tribunal Act 2013, order 3 in orders made on 23 April 2024 is varied to read as follows: "The publication of matters contained in the report of a Consultant and Forensic Psychiatrist lodged with the Tribunal in relation to these proceedings is prohibited pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013." (4) Order (4) made by the Tribunal on 30 October 2024 under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 is vacated, and the name of the applicant will no longer be anonymised. (5) Order (5) made by the Tribunal on 30 October 2024 under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 is vacated. Catchwords: ADMINISTRATIVE LAW — Application for review under s 27 of Child Protection (Working with Children) Act 2012 (NSW) — Risk assessment due to the presence of records concerning the applicant that were relevant to the safety of children — Criminal record including conviction for indecent exposure in 1977 — Multiple complaints by members of the general public against applicant for offending behaviour in the context of public transport workplace resulting in cancellation of taxi driver authority in 2014 — Use carriage service to menace/harass/offend in 2017 — Current and ongoing publication of offending comments vilifying homosexual community on YouTube platform and whether psychological harm may be caused to gay and lesbian children as a result — Likelihood of the applicant repeating his behaviour due to his unwillingness and/or inability to cease publishing further offending statements. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Anti-Discrimination Act 1977 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 Act 1900 (NSW) Crimes Act 1914 (Cth) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 BHY v Children's Guardian [2015] NSWCATAD 91 BJB v children's Guardian (No 2) [2014] NSWCATAD 164 BKE v Office of Children's Guardian [2015] NSWSC 523 Briginshaw v Briginshaw (1938) 60 CLR 336 CEJ v Children's Guardian [2016] NSWCATAD 164 CHB v Children's Guardian [2016] NSWCATAD 214 Children's Guardian v CF1 [2020] NSWSC 1673 Children's Guardian v CKF [2017] NSWSC 893 CJF v Children's Guardian (No 3) [2022] NSWCATAD 124 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 DGS v Children's Guardian [2018] NSWCATAD 302 Drake v Minister of Immigration & Ethnic Affairs (1970) 2 ALD 60 DYH v Public Guardian [2021] NSWCATAD 136 EJA v Children's Guardian [2021] NSWCATAD 202 FKZ v Children's Guardian [2023] NSWCATAD 169 Harman v Secretary of State for the Home Department [1983] 1 AC 280 Hearne v Street (2008) 235 CLR 125 ICM Agriculture Pty Ltd v Commonwealth (2009) 240 CLR 162 Liang v University of Technology, Sydney [2018] NSWCTAP 285 McDonald v Guardianship and Administration Board [1993] VR 521 McDonald v Director of Social Security (1984) 1 FCR 354, (1984) 6 ALD 6 Office of the Children's Guardian v CFW [2016] NSWSC 1406 Smith v Commissioner of Police [2014] NSWCATAD 184 Tilley v Children's Guardian [2015] NSWSC 1208 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 Youseff v NSW Legal Services Commissioner [2020] NSWCATOD 85 ZZ v Secretary, Department of Justice [2013] VSC 267 Texts Cited: None cited Category: Principal judgment Parties: John Christopher Sunol (Applicant) Children's Guardian (Respondent) Representation: Solicitors: Robert Balzola and Associates (Applicant) Crown Solicitor (Respondent) File Number(s): 2023/00260551 Publication restriction: Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication of matters contained in the report of the Consultant and Forensic Psychiatrist filed in relation to these proceedings, is prohibited.