CBM v Children’s Guardian [2015] NSWCATAD 253

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CBM v Children's Guardian [2015] NSWCATAD 253 Hearing dates: 16 September 2015 Date of orders: 16 September 2015 Decision date: 11 December 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: Hon G Mullane ADCJ – Principal Member P Foreman – General Member Decision: 1) The decision of the Children's Guardian to refuse the applicant's a Working With Children Check Clearance is set aside. 2) The Children's Guardian must give the applicant a Working With Children Check Clearance. 3) Broadcast or publication of the name or other identifying information of the applicant or the complainant in respect of the charges against the applicant relating to events on 30 October 2010 is prohibited. Catchwords: Working With Children Check Clearance – Review of the decision of the Children's Guardian Legislation Cited: Child Protection (Working With Children) Act 2012 Administrative Decisions Review Act 1997 Crimes Act 190 The Adoption Act 2000 Cases Cited: Commission for Children and Young People v V [2002] NSWSC 949 Category: Principal judgment Parties: CBM (Applicant) Children's Guardian (Respondent) Representation: Counsel: D Carroll (Applicant) V Hartstein (Respondent)

Solicitors: Dignan and Hanrahan Solicitors (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 1510359 Publication restriction: Yes, per order 3 above