BKG v Children’s Guardian [2015] NSWCATAD 75

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BKG v Children's Guardian [2015] NSWCATAD 75 Hearing dates: 24 November 2014 Decision date: 15 April 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: M Andrews, Senior Member on 24 November 2014 J McAteer, Senior Member Decision: (1)The decision of the Children's Guardian dated 7 July 2014 to refuse to grant the applicant a Working with Children check clearance is set aside and in substitution the respondent is to grant the applicant a working with children check clearance Catchwords: Administrative law – review under section 27 Child Protection (Working with Children) Act 2012 Working with children check – clearance – protective jurisdiction – safety and well- being of children - criminal history – serious offences – alcohol factor in offending – rehabilitation of offender Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Child Protection (Prohibited Employment) Act 1998 (repealed) Civil and Administrative Tribunal Act 2013 Cases Cited: Commission for Children and Young People v FZ [2011] NSWCA 111 Category: Principal judgment Parties: BKG (Applicant) Children's Guardian (Respondent) Representation: Counsel: B Fogarty (Applicant) R Lee (Respondent)

Solicitors: L Rogers Solicitor (Applicant) Crown Solicitors Office (Respondent) File Number(s): 1410366 Publication restriction: Section 64 (1) Civil and Administrative Tribunal Act 2013 – Restriction on publication of information that will identify the applicant, any victims, non-professional witnesses, or evidence given and received in this Tribunal hearing or in the proceedings which is likely to identify those persons.