BQY v Children’s Guardian [2015] NSWCATAD 181

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BQY v Children's Guardian [2015] NSWCATAD 181 Hearing dates: 12 June 2105 Decision date: 28 August 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: P Molony, Senior Member Decision: 1. The decision of the Children's Guardian made 15 January 2015 refusing BQY a working with children check clearance is set aside.

2. The Tribunal determines to grant BQY a non-volunteer working with children check clearance. Catchwords: Child Protection – working with children check clearance – application for administrative review Children's Guardian decision set aside – working with children check clearance granted Legislation Cited: Child Protection (Working with Children) Act 2012 Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 Commissioner for Children and Young People v FZ [2011] NSWCA 11 R v Commission for Children and Young People [2002] NSWIRComm 101 Category: Principal judgment Parties: BQY (Applicant) Children's Guardian (Respondent) Representation: Counsel: L Doust (Applicant) G Mahony (Respondent)

Solicitors: Dormer Stanhope Pty Ltd (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 1510059 Publication restriction: S 64(1) order.

REASONS For decision

Non-publication orders 1. At the commencement of the hearing, with the consent of the parties, I discharged the non-publication order made by the Tribunal on 28 April 2015. In its place I made the following order: Pursuant to s 64(1) the Tribunal prohibits the disclosure, broadcast or publication of: (1) the applicant's name; (2) details of the schools she taught at as a student teacher; (3) the names of her fellow teachers at those schools; and (4) the names of any students she taught as a student teacher. 1. I considered that order necessary to protect the BQY's identity and that of any student affected by the BQY's conduct that led to her being refused a working with children check clearance.