BJE v Children’s Guardian [2015] NSWCATAD 149

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BJE v Children's Guardian [2015] NSWCATAD 149 Hearing dates: 18 and 19 March 2015 Decision date: 15 July 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member Decision: The decision of the respondent is affirmed. Catchwords: Child Protection – working with children check clearance – whether the applicant's conduct gave rise to a real and appreciable risk to the safety of children

Administrative review – review of decision of the respondent to refuse the applicant with a working with children check clearance as she was satisfied the applicant posed a risk to the safety of children following a risk assessment – applicant charged and convicted with an offence of indecent assault of a seven year old girl – the convictions were quashed, however on the basis of having been charged with the offences the respondent was required to undertake a risk assessment under ss 14 and 15 of the Child Protection (Working with Children) Act 2012 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with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Child Protection (Prohibited Employment) Act 1998 (repealed) Crimes Act 1900 Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 Commission for Children and Young People v V [2002] NSWSC 949 Commissioner for Children and Young People v FZ [2011] NSWCA 11 M v M [1988] HCA 68: 166 (CLR) 69 YG and GG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: BJE (Applicant) Children's Guardian (Respondent) Representation: Counsel: M Higgins (Respondent)