GHS v Children’s Guardian [2024] NSWCATAD 358

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GHS v Children's Guardian [2024] NSWCATAD 358 Hearing dates: 9 September 2024 Date of orders: 29 November 2024 Decision date: 29 November 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: L Bryant, Senior Member E Hayes, General Member Decision: The decision of the Children's Guardian to refuse the applicant's application for a working with children check clearance is affirmed. Catchwords: CHILD PROTECTION – Refusal of application for working with children check clearance – Offence triggering risk assessment – Whether applicant poses a risk to the safety of children Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Child Protection (Working with Children) Regulation 2013 Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Cases Cited: BKE v Office of the Children's Guardian [2015] NSWSC 523 CDX v Children's Guardian [2016] NSWCATAD 17 Children's Guardian v CVE [2017] NSWSC 1342 Commissioner for Children and Young People v FZ [2011] NSWCA 111 CXZ v Children's Guardian [2020] NSWCA 338 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 (2006) 231 CLR 1 YG and GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: None cited Category: Principal judgment Parties: GHS (Applicant) Children's Guardian (Respondent) Representation: Applicant (self-represented) Crown Solicitor (Respondent) File Number(s): 2024/00146622 Publication restriction: With the exception of expert witnesses and officers of government agencies, the disclosure by way of publication or broadcast of the name of any person mentioned in these proceedings or referred to in the documentary material lodged in these proceedings is prohibited. This order is made under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013. Note: a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.