BJR v Children’s Guardian [2015] NSWCATAD 84

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BJR v Children's Guardian [2015] NSWCATAD 84 Hearing dates: 29 August 201420 February 2015 Decision date: 24 April 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member Decision: The decision of the respondent is affirmed. Catchwords: ADMINISTRATIVE LAW – administrative review – respondent determined to refuse the applicant's application for a working with children check clearance – applicant subject to an assessment requirement by the respondent due to having been indicted at trial on a charge of murder but on establishing diminished responsibility the Court convicted him in the alternative with the offence of manslaughter – whether the respondent's decision that the applicant poses a risk to the safety of children by reason of his conviction is the correct and preferred decision 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 Crimes Act 1900 Criminal Procedure Act 1986 Cases Cited: BFX v Children's Guardian [2014] NSWCATAD 115 at [29] 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: BJR (Applicant) Children's Guardian (Respondent) Representation: Counsel: V Hartstein (Respondent)