BPA v Children’s Guardian [2015] NSWCATAD 36

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BPA v Children's Guardian [2015] NSWCATAD 36 Hearing dates: 5 February 2015 Decision date: 10 March 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member Decision: Decision of the respondent is affirmed. Catchwords: ADMINISTRATIVE REVIEW – review of decision to refuse a working with children check clearance – the applicant's convictions for violence and aggression triggered a risk assessment – on completion of the risk assessment the respondent was satisfied that the applicant posed a risk to the safety of children – whether the respondent's decision is the correct and preferable decision Legislation Cited: Administrative Decisions Review Act 1997 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and Protection) Act 1998 Civil and Administrative Tribunal Act 2013 Commission for Children and Young People Act 1998 (repealed) Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Commissioner for Children and Young People v FZ [2011] NSWCA 11 Commission for Children and Young People v V [2002] NSWSC 949 YG and GG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: BPA (Applicant) Children's Guardian (Respondent) Representation: Counsel: V Hartstein (Respondent)

Solicitors: T L Scott (Agent for Applicant) Crown Solicitor's Office (Respondent) File Number(s): 1410624 Publication restriction: Pursuant to subs 64(1)(a) of the Civil and Administrative Tribunal Act 2013, the name of the applicant and the name of any other person from which the name of the applicant could be identified is not to be published or broadcasted without the leave of the Tribunal.