BKX v Children’s Guardian [2015] NSWCATAD 155

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BKX v Children's Guardian [2015] NSWCATAD 155 Hearing dates: 5 May 2015 Decision date: 24 July 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member Decision: The decision of the respondent is affirmed. Catchwords: ADMINISTRATIVE LAW – administrative review – respondent determined to refuse the applicant's application for a working with children check clearance – applicant subject to an assessment requirement by the respondent due to having been charged in December 2007 with an offence of assault occasioning actual bodily harm of a nine-year old boy in his care – the charges were subsequently dismissed – the applicant asserted he had acted in self-defence – the applicant was also the subject of a number of subsequent police intelligence and event reports - whether the respondent's decision that the applicant poses a risk to the safety of children by reason of the trigger events and the other matters raised is the correct and preferred decision 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with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Child Protection (Prohibited Employment) Act 1998 (repealed) Crimes Act 1900 Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BKE v Office of Children's Guardian & Anor [2015] NSWSC 523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: BKX (Applicant) Children's Guardian (Respondent) Representation: Counsel: P Lowson Solicitors: Macedone Legal (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 1410410 Publication restriction: Pursuant to subs 64(1)(a) of the Civil and Administrative Tribunal Act 2013, the name of the applicant, the name of a child referred in the material filed and the name of any other person from which the name of the applicant or a child could be identified is not to be published or broadcasted without the leave of the Tribunal.