BQJ v Children’s Guardian [2015] NSWCATAD 217

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BQJ v Children's Guardian [2015] NSWCATAD 217 Hearing dates: 17 June 2015 Decision date: 21 October 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: P Molony Senior Member Decision: 1. The decision of the Children's Guardian made 27 November 2014 refusing BQJ a working with children check clearance is set aside.

2. The Tribunal determines to grant BQJ 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: BQJ (Applicant) Children's Guardian (Respondent) Representation: Counsel: V Harnstein (Respondent)

Solicitors: De Brennan Tomlinson Pearce (Applicant) Crown Solicitors Office (Respondent) File Number(s): 1410734 Publication restriction: Section 64 (1) Civil and Administrative Tribunal Act 2013 – Restriction on publication of information that will identify the applicant, any victims, witnesses or evidence given and received in this Tribunal hearing or in relation to the proceedings which is likely to identify those persons.