BVN v Children's Guardian [2015] NSWCATAD 248

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BVN v Children's Guardian [2015] NSWCATAD 248 Hearing dates: 6 August 2014 Date of orders: 26 November 2015 Decision date: 26 November 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Senior Member Decision: The decision of the Children's Guardian to refuse BVN a working with children check clearance is affirmed. Catchwords: Administrative review – working with children check clearance - misconduct as a teacher categorised as "exploitation: non-physical" – applicant an untreated schizophrenic – applicant without insight into seriousness of his own conduct – decision to refuse working with children check clearance affirmed Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Child Protection (Working with Children) Act 2012 Child Protection (Working with Children) Regulation 2013 Cases Cited: Commissioner for Children and Young People v FZ [2011] NSWCA 11 Commission for Children and Young People v V [2002] NSWSC 949 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 R v Commission for Children and Young People [2002] NSWIRComm 101 at [130]. Category: Principal judgment Parties: BVN – Applicant Respondent – Children's Guardian Representation: BVN (Applicant in person)

Counsel: V Harnstein (Respondent)

Solicitors: Crown Solicitors Office (Respondent) File Number(s): 1510200 Publication restriction: S 64(1)(a) restriction on the publication of any information that might expose the applicant's identity