BJC v Children’s Guardian [2015] NSWCATAD 105

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BJC v Children's Guardian [2015] NSWCATAD 105 Hearing dates: 19 January 2015 Decision date: 21 May 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member Decision: The decision of the respondent is set aside. Pursuant to s18(2) of the Child Protection (Working with Children) Act 2012, the respondent is to grant the applicant a working with children check clearance. Catchwords: Administrative Law - review under s27 Child Protection (Working with Children) Act 2012 - refusal of working with children check clearance - the correct and preferable decision - whether the applicant poses a risk to the safety of children - applicant a medical practitioner - appropriateness of medical examination. Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Interpretation Act 1987 Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BYR v Children's Guardian [2013] NSWADT 310] Commission for Children and Young People v FZ [2011] NSWCA 111 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 R v Commission for Children and Young People [2002] NSWIRComm 101 Category: Principal judgment Parties: BJC (Applicant) Children's Guardian (Respondent) Representation: Solicitors: Lynch Solicitors (Applicant) Crown Solicitor's Office(Respondent) File Number(s): 1410288 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.