BQV v Children’s Guardian [2015] NSWCATAD 194

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BQV v Children's Guardian [2015] NSWCATAD 194 Hearing dates: 13 July 2015 Decision date: 23 September 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: R Booby Senior Member Decision: 1. Pursuant to subs 28(6) of the Child Protection (Working with Children) Act 2012, the Children's Guardian is to grant the Applicant a Working with Children Check Clearance. Catchwords: Administrative law – review under section 27 Child Protection (Working with Children) Act 2012 Working with children check – clearance – protective jurisdiction – safety and well- being of children- whether applicant poses threat to safety of children Legislation Cited: Child Protection (Working with Children Act) 2012 (NSW) Crimes Act 1900 (NSW) Administrative Decisions Review Act 1997 (NSW) Commission for Young Children and Young People Act 1998 Evidence Act 1995 NSW Family Law Act 1975 (Cth) Child Protection (Prohibited Employment) Act 1998 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Neat Holdings Pty Ltd v Karjan Holdings Pty Ltd (1992) 110 ALR 449 Category: Principal judgment Parties: BQV (Applicant) Children's Guardian (Respondent) Representation: Counsel: V Hartstein (Respondent)

Solicitors: Hanson's Lawyers (Applicant) Crown Solicitors (Respondent) File Number(s): 1510027 Publication restriction: Section 64(1), Civil and Administrative Tribunal Act 2013 - Restriction against publication of information that will identify the applicant, any victims, witnesses, or evidence given and received in the Tribunal hearing or in relation to the proceedings which is likely to identify those persons.