BSR v Office of the Children’s Guardian [2015] NSWCATAD 264

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BSR v Office of the Children's Guardian [2015] NSWCATAD 264 Hearing dates: 30 July 201528 September 2015 (final submissions) Date of orders: 14 December 2015 Decision date: 14 December 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: A Britton, Principal Member Decision: The decision under review is set aside and in substitution for that decision BSR is granted a working with children check clearance. Catchwords: ADMINISTRATIVE LAW - Working with children check clearance – assessment of risk Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Prohibited Employment) Act 1998 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Child Protection (Working With Children) Regulation 2013 (NSW) Child Protection Legislation Amendment Act 2015 Crimes Act 1900 (NSW) Criminal Code Act 1995 (Cth) Cases Cited: BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 [2006] HCA 53; (2006) 231 CLR 1 BJB (No. 2) at [32Re Eckersley and Minister for Capital Territory (1979) 2 ALD 303 Holbrook and Australian Postal Commission (1983) 5 ALN N46 Commission for Children and Young People v V [2002] NSWSC 949 M v M [1988] HCA 68; (1988) 166 CLR 69 Category: Principal judgment Parties: BSR (Applicant) Office of the Children's Guardian (Respondent) Representation: Solicitors: CDM Lawyers (Applicant) Crown Solicitors Office (Respondent)