BRF v Children’s Guardian [2015] NSWCATAD 169

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BRF v Children's Guardian [2015] NSWCATAD 169 Hearing dates: 16 July 2015 Decision date: 18 August 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Anderson, Senior Member Decision: The decision of the Children's Guardian to refuse to grant the applicant a Working with Children Check clearance is affirmed. 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 – findings of a reporting body that applicant while a teacher engaged in sexual misconduct and grooming of a school student - whether the applicant poses a risk to the safety of children. Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibited Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2014 Commissioner for Children and Young People Act 1998 Civil and Administrative Tribunal Act 2013 Criminal (Sentencing Procedure) Act 1999 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 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BKE v Office of the NSW Children's Guardian [2015] NSWSC 523 Category: Principal judgment Parties: BRF (Applicant) Children's Guardian (Respondent) Representation: V Hartstein (Respondent) Solicitors: BRF (Applicant in person) Crown Solicitor's Office (Respondent) File Number(s): 1510089 Publication restriction: Pursuant to s 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the name of the applicant and the name of any other person from which the name of the applicant could be identified is not to be published or broadcasted without the leave of the Tribunal.