BKN v Children's Guardian [2014] NSWCATAD 213

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BKN v Children's Guardian [2014] NSWCATAD 213 Hearing dates: 27 October 2014 Decision date: 05 December 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: T Sheedy, Senior Member Decision: The decision of the respondent is set aside and in substitution thereof a decision that the respondent grant to the applicant a working with children check clearance authorising the applicant to engage in paid and unpaid child-related work. Catchwords: Administrative Law - review under section 27 Child Protection (Working with Children) Act 2012 - refusal of working with children check clearance - the correct and preferable decision - whether the applicant poses a risk to the safety of children - offences committed against adults more than a decade ago Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibited Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2014 Commissioner for Children and Young People Act 1998 Civil and Administrative Tribunal Act 2013 Criminal (Sentencing Procedure) Act 1999 Cases Cited: ADV v Commission for Children and Young People [2012] NSWADT 8 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BFC v The Children's Guardian [2014] NSWCATAD 90 BFX v Children's Guardian [2014] NSWCATAD 115 BJB v Office of the Children's Guardian [2014] NSWCATAD 111 BJB v Office of the Children's Guardian (No 2) [2014] NSWSATAD 164 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 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 [2006] HCA 53 R v Commission for Children and Young People [2002] NSWIRComm 101 RD v Commissioner NSW Commission for Children and Young People [2011] NSWADT 140. Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No. 2) (1981) 3 ALD 88. Category: Principal judgment Parties: BKN (Applicant) NSW Office of the Children's Guardian (Respondent) Representation: BKN (Applicant in person) Crown Solicitor (Respondent) File Number(s): 1410390 Publication restriction: Section 64 (1) Civil and Administrative Tribunal Act 2013 - Restriction on publication of information that will identify the applicant, any victims, witnesses or evidence given and received in this Tribunal hearing or in relation to the proceedings which is likely to identify those persons.