BHL v Children’s Guardian [2015] NSWCATAD 46

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BHL v Children's Guardian [2015] NSWCATAD 46 Hearing dates: 30 October 2014 Decision date: 18 March 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member Decision: The decision of the respondent the subject of review is affirmed. Catchwords: Administrative review – review of decision to refuse the applicant with a working with children check clearance – applicant subject to disciplinary proceedings in regard to his relationship with a 17 year old student while he was a casual teacher at the TAFE – allegations included allegations of non-consensual sexual intercourse – allegations were found to have been sustained and a finding of misconduct was made - applicant acknowledged he had an 8 month relationship with the student, but denied he acted inappropriately in that relationship – whether the applicant posed a risk to the safety of children Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Child Protection (Prohibited Employment) Act 1998 (repealed) Crimes Act 1900 Drug Misuse and Trafficking Act 1985 Weapons Prohibition Act 1998 Cases Cited: Commission for Children and Young People v V [2002] NSWSC 949 Commissioner for Children and Young People v FZ [2011] NSWCA 11 YG and GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: BHL (Applicant) Children's Guardian (Respondent) Category: Principal judgment Parties: BHL (Applicant) Children's Guardian (Respondent) Representation: Counsel: B Brassil (Applicant) V Hartstein (Respondent)