BMC v Children’s Guardian [2015] NSWCATAD 79

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BMC v Children's Guardian [2015] NSWCATAD 79 Hearing dates: 18 December 2014 Decision date: 21 April 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member Decision: The decision of the respondent is set aside. Pursuant to s18(2) of the Child Protection (Working with Children) Act 2012, the respondent is to grant the applicant a working with children check clearance. Catchwords: Administrative Law - review under s27 Child Protection (Working with Children) Act 2012 - refusal of working with children check clearance - the correct and preferable decision – murder conviction - whether the applicant poses a risk to the safety of children. Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibited Employment) Act 1998 Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 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 Category: Principal judgment Parties: BMC (Applicant) Children's Guardian (Respondent) Representation: Counsel: B Tronson (Applicant)

Solicitors: BMC (Applicant in person) Crown Solicitor's Office (Respondent) File Number(s): 1410499 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.