BJB v NSW Office of the Children's Guardian [2014] NSWCATAD 111

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BJB v NSW Office of the Children's Guardian [2014] NSWCATAD 111 Hearing dates: 17 July 2014 Decision date: 01 August 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: M Anderson, Senior Member Decision: The application for a stay order is refused and dismissed. Catchwords: Working with Children- Review Application section 27 Child Protection (Working with Children) Act 2012 - refusal of clearance under Child Protection (Working with Children) Act 2012- application for an interim stay under section 60, 61, 62 Administrative Decisions Review Act 1997 - Interim Bar previously made by Children's Guardian - whether sufficient risk assessment triggers - factors to consider on stay application. Legislation Cited: Administrative Decisions Tribunal Act 1997; Child Protection (Prohibited Employment) Act 1998 (repealed); Child Protection (Working with Children) Act 2012; Children and Young Persons (Care and Protection) Act 1998; Civil and Administrative Tribunal Act 2013; Commission for Children and Young People Act 1998 Family Law Act 1975 (Cth) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69. Bryant v Commonwealth Bank of Australia (1996) 70 ALJR 306. BYR v Children's Guardian [2013] NSWADT 310 Commission for Children and Young People v FZ [2011] NSWCA 111. Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476. Commissioner for Children and Young People v VR [2012] NSWSC 1385. Elgammal V Director General, Department of Transport [1999] NSWADT 82 New South Wales Bar Association v Stevens [2003] NSWCA 95. Polini v Gray (1879) 12 Ch D 438. Roberts v Balancio (1987) 8 NSWLR 436. Category: Interlocutory applications Parties: BJB (Applicant) NSW Office of the Children's Guardian (Respondent) Representation: Counsel P Braine (Applicant) V Hartstein (Respondent) K Renshall (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 1410285 Publication restriction: Section 64(1), Civil and Administrative Tribunal Act 2013 - Restriction against publication of information that will identify the applicant, any victims, witnesses, or evidence given and received in the Tribunal hearing or in relation to the proceedings which is likely to identify those persons.