BQD v Children’s Guardian and the Department of Family and Community Services [2015] NSWCATAD 88

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BQD v Children's Guardian and the Department of Family and Community Services [2015] NSWCATAD 88 Hearing dates: 30 March 2015 Decision date: 30 April 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The decision of the Children's Guardian dated 20 November 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 –– rehabilitation of offender – significant period of time since offending- no risk to children Legislation Cited: Child Protection (Working with Children) Act 2012 Child Protection (Prohibited Employment) Act 1998 (repealed) Child Protection (Working with Children) Amendment Regulation 2014 (repealed) Child Protection (Working with Children) Amendment Regulation 2013 Civil and Administrative Tribunal Act 2013 Cases Cited: Commission for Children and Young People v FZ [2011] NSWCA 111 BJB v Office of the Children's Guardian [2014] NSWCATAD 111 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 R v Commission for Children and Young People [2002] NSWIRComm 101 BJB v The Children's Guardian (No. 2) [2014] NSWCATAD 164 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No. 2) (1981) 3 ALD 88 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 ADV v Commission for Children and Young People [2012] NSWADT 8 BFC v The Children's Guardian [2014] NSWCATAD 90 Category: Principal judgment Parties: BQD – Applicant Children's Guardian – First Respondent Family and Community Services – Second Respondent Representation: Solicitors: Baker Love Lawyers (Applicant) Crown Solicitors Office (Respondent) DFCS Legal Services (Respondent) File Number(s): 1410725 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.