GFL v Children’s Guardian [2024] NSWCATAD 345

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GFL v Children's Guardian [2024] NSWCATAD 345 Hearing dates: 25 June 2024 Date of orders: 15 November 2024 Decision date: 15 November 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member R Royer, General Member Decision: The decision of the respondent, made on 1 February 2024, to cancel the applicant's working with children check clearance is set aside and in substitution thereof a decision to grant the applicant a clearance under section 18(2) of the Child Protection (Working with Children) Act 2012. Catchwords: ADMINISTRATIVE LAW – child protection – cancellation of a working with children check clearance – whether applicant poses a real and appreciable risk to the safety of children – history of domestic violence related assaults and breaches of apprehended domestic violence orders ADMINISTRATIVE LAW – application of the reasonable person test and public interest test in section 30(1A) of the Child Protection (Working with Children) Act 2012 Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection Legislation Amendment Act 2015 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Mental Health Cognitive Impairment Forensic Provisions Act 2020 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) (repealed) Prevention of Cruelty to Animals Act 1979 (NSW) Working With Children Act 2005 (Vic)(repealed) Worker Screening Act 2020 (Vic) Cases Cited: CHB v Children's Guardian [2016] NSWCATAD 214 DGH v Children's Guardian [2018] NSWCATAD 130 DGZ v Children's Guardian [2022] NSWCATAD 250 DPH v Children's Guardian [2019] NSWCATAD 202 ELJ v The Children's Guardian [2021] NSWCATAD 51 FLE v Children's Guardian [2023] NSWCATAD 89 FND v Children's Guardian [2024] NSWCATAD 125 Holbrook and Australian Postal Commission (1983) 5 ALN N46 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 [2006] HCA 53; (2006) 231 CLR 1 OYJ v Secretary of the Department of Justice & Regulation (Review and Regulation) [2019] VCAT 33 PQR v Secretary, Department of Justice and Regulation (No 2) [2017] VSC 514 Re Eckersley and Minister for Capital Territory (1979) 2 ALD 303 ZZ v Secretary Department of Justice [2013] 267 Texts Cited: Nil Category: Principal judgment Parties: GFL (Applicant) Children's Guardian (Respondent) Representation: Applicant (self-represented) Crown Solicitor (Respondent) File Number(s): 2024/00054548 Publication restriction: Pursuant to section 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure by way of publication of the name of any person mentioned in the proceedings or referred to in the documentary material lodged in these proceedings other than the name of an expert witness or the officer of a government agency, is prohibited.