BQE v Children’s Guardian [2015] NSWCATAD 89

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BQE v Children's Guardian [2015] NSWCATAD 89 Hearing dates: 5 March 2015 Decision date: 05 May 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: R Booby, Senior Member Decision: 1. The decision of the Children's Guardian dated 2 October 2014 to refuse to grant the applicant a Working with Children Check Clearance is affirmed. 2. The application for review of the decision of the Children's Guardian filed on 22 December 2014 is otherwise refused and dismissed. Catchwords: Application for review of decision of the Children's Guardian. Whether the applicant has a forensic burden of evidence. Whether the applicant provided sufficient evidence to support his claims. Whether the applicant poses a real risk to the safety of children. Legislation Cited: Child Protection (Working with Children Act) 2012 (NSW) Cases Cited: YG & GG v Minister for Community Services NSWCA 247 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 [2006] HCA 53 BCS v NSW Civil & Administrative Tribunal [2015] NSWSC 126 Category: Principal judgment Parties: BQE (Applicant) Children's Guardian (Respondent) Representation: Counsel: M Gunning (Applicant) J Harris, Solicitor Advocate (Respondent)

Solicitors: Joseph Grassi and Associates (Applicant) Crown Solicitors Office (Respondent) File Number(s): 1410726 Publication restriction: Section 64(1), Civil and Administrative Tribunal Act 2013 - Restriction against publication of information that will identify the applicant, any victims, witnesses, or evidence given and received in the Tribunal hearing or in relation to the proceedings which is likely to identify those persons and against publication of information that would identify the children of BQE.