BKO v Children’s Guardian [2015] NSWCATAD 110

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BKO v Children's Guardian [2015] NSWCATAD 110 Decision date: 27 May 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Anderson, Senior Member Decision: 1. The decision of the Children's Guardian dated 19 June 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 14 July 2014 is otherwise refused and dismissed. 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 – whether the applicant poses a risk to the safety of children - applicant has extensive criminal history including offences involving violence – sentence only recently completed. Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Child Protection (Prohibited Employment) Act 1998 (repealed) Crimes Act 1900 Drug Misuse and Trafficking Act 1985 Weapons Prohibition Act 1998 Cases Cited: Commission for Children and Young People v V [2002] NSWSC 949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: BKO (Applicant) Children's Guardian (Respondent) Representation: Counsel: R Lee (Respondent) Solicitors: BKO (Applicant in person) Crown Solicitor's Office (Respondent) File Number(s): 1410391 Publication restriction: Pursuant to subs 64(1)(a) of the Civil and Administrative Tribunal Act 2013, the name of the applicant and the name of any other person from which the name of the applicant could be identified is not to be published or broadcasted without the leave of the Tribunal.