BPE v Children’s Guardian [2015] NSWCATAD 168

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BPE v Children's Guardian [2015] NSWCATAD 168 Hearing dates: 23 March 2015 Decision date: 12 August 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Moir, Senior Member Decision: The decision under review is set aside and a decision substituted that the respondent grant the applicant a working with children check clearance authorising the applicant to engage in paid and unpaid child related work. Catchwords: Child Protection (Working with Children) Act 2012- refusal of working with children check clearance – the correct and preferable decision – sexual misconduct/crossing professional boundaries – whether the applicant poses a risk to the safety of children Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Prohibited Employment) Act 1998 (NSW) (Repealed) Child Protection (Working with Children) Act 2014 (NSW) Commissioner for Young People Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: ADV v Commission for Children and Young People [2012] NSWADT 8 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BFC v The Children's Guardian [2014] NSWCATAD 90 BFX v Children's Guardian [2014] NSWCATAD 115 BJB v Office of the Children's Guardian [2014] NSWCATAD 111 BJB v Office of the Children's Guardian (No 2) [2014] NSWSATAD 164 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 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 [2006] HCA 53 R v Commission for Children and Young People [2002] NSWIRComm 101 RD v Commissioner NSW Commission for Children and Young People [2011] NSWADT 140 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No. 2) (1981) 3 ALD 88 Category: Principal judgment Parties: BPE (Applicant) Children's Guardian (Respondent) Representation: Counsel: G Mahony (Respondent)