CKU v Children’s Guardian [2024] NSWCATAD 376

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CKU v Children's Guardian [2024] NSWCATAD 376 Hearing dates: 27 June 2024, 28 June 2024 Date of orders: 12 December 2024 Decision date: 12 December 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member (Legal) M Maher General Member (Community) Decision: (1) The decision of the respondent dated 13 December 2023 to refuse the applicant's Working With Children Check Clearance is set aside. (2) The respondent is to grant the applicant a Working With Children Check Clearance. Catchwords: ADMINISTRATIVE LAW – child protection – working with children – risk to children whether risk real and appreciable– allegations – circumstances of allegations – weight of evidence - balance of probabilities- whether necessary to make positive findings on all matters – weight of evidence of risk – current risk – expert evidence – future risk – evidence of behaviour that caused harm to children – actual risk – testing of evidence – fairness to a party Legislation Cited: Administrative Decisions Review Act 1997 Children and Young Persons (Care and Protection) Act 1998 Child Protection (Prohibited Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2012 Child Protection (Working with Children) Regulation 2013 Civil and Administrative Tribunal Act 2013 Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BJB v Office of the Children's Guardian [2014] NSWCATAD 111 BJB v The Children's Guardian (No. 2) [2014] NSWCATAD 164 BKE v Children's Guardian [2015] NSWSC 523 Briginshaw v Briginshaw [1938] HCA 34: 60 CLR 336 Children's Guardian v CKF [2017] NSWSC 893 Children's Guardian v CXZ [2019] NSWSC 1083 CHB v Children's Guardian [2016] NSWCATAD 214 CKU v Children's Guardian [2017] NSWCATAD 36 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 Commissioner for Children and Young People v FZ [2011] NSWCA 111 CXZ v Children's Guardian [2020] NSWCA 338 CYY v Children's Guardian (No 2) [2017] NSWCATAD 262 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 M v M (1988) 166 CLR (HCA) Office of the Children's Guardian v CFW [2016] NSWSC 1406 PJR v Secretary to the Department of Justice (Occupational and Business regulation) [2006] VCAT 2455 R v Commission for Children and Young People [2002] NSWIRComm 101 Re: Control Investments Pty Ltd v Australian Broadcasting Tribunal (No. 2) (1981) 3 ALD 88. Tilley v Children's Guardian [2017] NSWCA 174 Texts Cited: Nil Category: Principal judgment Parties: CKU (Applicant) Children's Guardian (Respondent) Representation: Counsel: L Geddes (Respondent)