FMG v Children’s Guardian [2025] NSWCATAD 37

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FMG v Children's Guardian [2025] NSWCATAD 37 Hearing dates: 2 November 2023 Date of orders: 10 February 2025 Decision date: 10 February 2025 Jurisdiction: Administrative and Equal Opportunity Division Before: L Rogers, Senior Member E Hayes, General Member Decision: The decision of the Children's Guardian dated 16 March 2023 to refuse to grant FMG a working with children check clearance is affirmed. Catchwords: ADMINISTRATIVE REVIEW – review under section 27 Child Protection (Working with Children) Act 2012 - working with children check clearance – Alleged history of family violence including towards child family members - whether Applicant poses a risk to safety of children Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Evidence Act 1995 Cases Cited: BKE v Office of Children's Guardian [2015] NSWSC 523 Briginshaw v Briginshaw [138] HCA 34 CGP v Children's Guardian [2017] NSWCATAD 12 Commission for Children and Young People v V [2002] NSWSC 949 CXZ v Children's Guardian [2020] NSWCA 338 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 M v M (1988) 166 CLR 69 McDonald v Guardianship and Administration Board [1993] VicRp 36; [1993] VR 521 Office of the Children's Guardian v CFW [2016] NSWSC 1406 Sawires v Commissioner of Police [2010] NSWADT 4 Tilley v Children's Guardian [2017] NSWCA 174 Category: Principal judgment Parties: FMG (Applicant) Children's Guardian (Respondent) Representation: Counsel: P Latham (Applicant)