BLG v Children’s Guardian [2015] NSWCATAD 98

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BLG v Children's Guardian [2015] NSWCATAD 98 Hearing dates: 9 March 2015 Decision date: 13 May 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: R Booby, Senior Member Decision: The decision of the Children's Guardian dated 22 July 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- whether applicant poses threat to safety of children Cases Cited: YG & GG v Minister for Community Services [2002] NSWCA 247 Commission for Children and Young People v V [ 2002] NSWSC 949. ADV v Commission for Children and Young People [2012] NSWADT 8, RD v Commissioner NSW Commission for Children and Young People [2011] NSWADT 140] RV v Commission for Children and Young People [2007] NSWADT 299 Commissioner for Children and Young People v FZ [2011] NSWCA Briginshaw v Briginshaw (1938) 60 CLR 336 Neat Holdings Pty Ltd v Karjan Holdings Pty Ltd (1992) 110 ALR 449 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 [2006] HCA 53 Category: Principal judgment Parties: BLG (Applicant) Children's Guardian (Respondent) Representation: Solicitors: Lee Dalton and Associates (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 1410445 Publication restriction: 64(1) of the Civil and Administrative Tribunal Act 2013 NSW, prohibiting the publication of information about 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.