BPM v Children’s Guardian [2015] NSWCATAD 97

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BPM v Children's Guardian [2015] NSWCATAD 97 Hearing dates: 15 April 2015 Decision date: 13 May 2015 Before: J Anderson, Senior Member Decision: The decision of the Children's Guardian dated 30 October 2014 to refuse to grant the applicant a Working with Children Check clearance is affirmed. Catchwords: Administrative law – review under section 27 Child Protection (Working with Children) Act 2012 – refusal of working with children check clearance – what the correct and preferable decision is having regard to the material before the Tribunal. In 1987 applicant charged with indecency towards a child – alleged victim was applicant's five year old daughter – applicant found not guilty at trial – whether the applicant poses a risk to the safety of children. Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibited Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2014 Commissioner for Children and Young People Act 1998 Civil and Administrative Tribunal Act 2013 Criminal (Sentencing Procedure) Act 1999 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: BPM (Applicant) Children's Guardian (Respondent) Representation: Counsel: V Hartstein (Respondent)